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Sen. Graham reveals main snarl to bipartisan deal on border and Ukraine

Sen. Lindsey Graham on Sunday said President Biden’s policy of allowing migrants to stay in the US while waiting for asylum is what’s holding up a bipartisan deal on Ukraine aid and border security.

Republicans have long been critical of the Biden administration’s so-called “parole” policy, which lets migrants enter the US and remain here while their asylum requests play out in court.

Senate negotiators for both sides struggled to rectify their differences on the asylum policy — and ultimately couldn’t come to an agreement — before adjourning for winter break, Graham said.

“The hang-up is parole,” Graham (R-SC) told ABC’s “This Week” on Sunday. “This administration does not want to let go of the tool they’re abusing.

“Under our parole law, you can admit people into the country who are outside the country or inside of the country on an individual basis,” Graham said.

“They’ve been taking the parole statute and granting mass parole, blanket parole,” he said of the Democratic White House.

Sens. Kyrsten Sinema (I-Ariz.), James Lankford (R-Okla.) and Chris Murphy (D-Conn.) have been the top negotiators seeking to hash out a deal.

Senate negotiators Chris Murphy (D-Conn.) and Kyrsten Sinema (I-Ariz.) have taken the lead in trying to get a bipartisan agreement done on border security and aid to Ukraine. Getty Images

Republicans have made border security paramount to the passage of additional aid to war-torn Ukraine, which is set to run out of funds within the coming weeks.

Biden has sought $61.4 billion in additional aid for Ukraine, money that was nestled in a proposed broader October package featuring support for Israel, Indo-Pacific allies and border security.

But Republicans panned the border security provisions of the package as woefully insufficient, sparking the negotiations.

During fiscal year 2023, more than 2.47 million encounters with migrants were reported near the US-Mexico border, with more than 240,000 asylum-seekers apprehended in October alone, according to data from US Customs and Border Protection

Many of the migrants pouring into the country claim asylum near the border, then get released into the US under the expectation they will show up for a court hearing that can be years away because of the massive backlog of cases.

Progressives generally believe that the pursuit of asylum is a basic human right and are wary of laying down more roadblocks to seeking refuge in the US.

Sen. Lindsey Graham (R-SC) was deeply involved with the so-called Gang of Eight senators who helped ink a comprehensive immigration reform package in 2013 that cleared the Senate but wasn’t voted on in the House. AP

Moderate Democrats seem somewhat amenable to closing loopholes in the asylum process but don’t want to go quite as far as Republicans.

“We want to change the laws and surge resources to the border so that far fewer people are crossing and far fewer people are released into the country that don’t have a legitimate claim of asylum,” Murphy told Connecticut Public Radio earlier this month.

“Republicans want to close the border, just close it, so that even people who are legitimately fleeing terror and torture have no opportunity to present their case.”

Seemingly seeking to end the impasse before Christmas, the White House dispatched representatives to try to help reach an agreement.

Sen. James Lankford (R-Okla.) has stressed that he is working hard to help get a deal. CQ-Roll Call, Inc via Getty Images

The White House has open authority to expel migrants without screenings for asylum under certain conditions when daily crossing levels are exceedingly high, the Washington Post reported.

The administration also reportedly floated an expansion of detention facilities and a ramping-up of deportations to assuage Republicans.

Biden has publicly indicated that he has made a compromise offer to Republicans, although he did not reveal any details.

But a breakthrough deal proved to be elusive before the senators jetted home for the holidays.

Another complication is the “deeply technical” language of immigration law, according to Lankford.

A group of newly arrived migrants boards a US Border Patrol van to be taken to a make-shift transit center after crossing the Rio Grande from Mexico into Eagle Pass,Texas. GO NAKAMURA

Senate Minority Leader Mitch McConnell (R-Ky.) has described efforts to overhaul the US’ immigration legal system as the most significant changes since former President Ronald Reagan helped revamp the system in 1986.

Congress is expected to revisit the issue when it reconvenes in January. Negotiators are continuing talks over the break.

In addition, Congress is grappling with a Jan. 19 deadline to pass the first tranche of spending bills or risk a partial government shutdown.

Thus far, no spending bill has cleared both chambers.