Subject: Re: Senate Border Bill Details...
I did find this in a Whitehouse fact sheet:

Provides Temporary Emergency Authority for the President to Shut Down the Border When the System is Overwhelmed

Establishes a new temporary authority, the “Border Emergency Authority,” that allows the President and Secretary of Homeland Security to temporarily prohibit individuals from seeking asylum, with limited exceptions, when the Southwest Border is overwhelmed. The authority preserves access to other protections, consistent with our international obligations, and will sunset after three years.

Importantly, this authority is to be used when the number of migrants encountered at the border reaches very high levels – levels that strain the U.S. government’s ability to process migrants. Additionally, the authority is limited to a set number of days each calendar year – in the third year of implementation the authority may only be exercised for half of a given calendar year.

The United States is a country of refuge for those fleeing persecution. For that reason, the legislation requires asylum access be preserved for a minimum number of individuals per day, limited to those using a safe and orderly process at ports of entry, when the authority is invoked.


So it looks like the authority gets sunsetted out. So we'd have to hope for a bipartisan effort for it to remain if we still have a problem, and I think we will still have a problem. I think if it's working, you can count on enough bipartisan support.