The “trigger” authority—called the “Border Emergency Authority”—would enable
Enable? That's not a mandate.
The new emergency authority could be activated if border “encounters” reach a daily average of 4,000 over a period of seven days
Could?
and would become mandatory once border encounters reach over 5,000 over a period of seven days or 8,500 over a single calendar day.
The emergency authority activation becomes mandatory? And?
That doesn't force Biden to seal the border.
Thanks for the link. Did you see this part?
However, there are several other rules governing the use of the emergency authority, rendering it much less straightforward than the simple mathematics of crossings (for example, the so-called “discretionary” authority at the 4,000/day level would in fact be mandatory for the first 90 days at that level after passage). In addition, the bill defines “encounters” to exclude apprehensions of unaccompanied migrant children.
The bill gives the federal government significant discretion over exactly when to implement this new emergency summary-deportation process and does not require it to be publicly announced. The upshot is this: on any given day, a would-be asylum seeker would have no idea whether they would be allowed to seek asylum in the U.S. or not. The government would be allowed to opt people out of summary removal for a variety of reasons, including operational constraints such as overcrowding. Non-Mexican unaccompanied children would also be exempted. Those set for summary removal could receive a screening for non-asylum humanitarian protection by affirmatively “manifesting” fear of persecution or torture to a border official—volunteering without prompting that they fear return or showing an obvious sign of fear.
Wow! That sounds super tough. DURR.