The Case For
Supporters argue that OBBBA’s free-standing border detection technology specifically deserves to be made permanent through policy legislation because this approach to border security has the broadest bipartisan support. Advocates cite the 2024 Senate bipartisan border bill — the Emergency National Security Supplemental Appropriations Act, negotiated by Senators Lankford (R), Sinema (I), and Murphy (D). It emphasized free-standing detection technology rather than the construction of new physical barriers. Although the bill ultimately failed, supporters argue it demonstrated that the technology-focused approach commands cross-party support that physical barriers do not for compelling reasons. They argue that the technology approach is the most practical one for the difficult terrain of the remaining stretches that don’t already have a physical barrier. Advocates also argue that the technological approach has a bigger border security bang for the buck than additional physical barriers on tough terrain. Proponents note that these advantages of the technological approach are further evidenced by the fact that Border Patrol leadership has also long advocated for this approach to increase border security.
Supporters also argue that policy legislation is the right vehicle for protecting capabilities of this importance. The OBBBA appropriations can be redirected by future administrations. Converting the appropriation into ongoing policy requirements protects an operational backbone that has been built up over years.