The Senate parliamentarian has issued a ruling saying that provisions giving an estimated 8 million illegal immigrants and non-citizens legal permanent resident status and a pathway to citizenship could not be included in Democrats’ go-it-alone “Build Back Better” budget reconciliation legislation.
In her ruling on Sunday, Senate Parliamentarian Elizabeth MacDonough, who previously worked for the Department of Justice handling immigration cases, said that “the policy changes of this proposal far outweigh the budgetary impact scored to it and it is not appropriate for inclusion in reconciliation.”
Democrats are utilizing the budget reconciliation process to try to push through a planned $3.5 trillion worth of social and environmental programs. The process allows them to bypass the need to gain support from at least 10 Senate Republicans due to filibuster rules.
But bills in that process are not allowed to concern measures “extraneous” to the budget.
ESSENTIAL WORKERS AMONG 8 MILLION WHO COULD GET AMNESTY IN RECONCILIATION BILL
“Changing the law to clear the way to [legal permanent resident] status is tremendous and enduring policy change that dwarfs its budgetary impact,” MacDonough said.
The decision is a major blow to Democrats. Senate Majority Leader Chuck Schumer pledged to hold additional meetings with the parliamentarian to discuss alternative proposals to address the issue.
“We are deeply disappointed in this decision but the fight to provide lawful status for immigrants in budget reconciliation continues,” Schumer said in a statement.
Democrats had not finalized text for the amnesty provisions, but wording considered by the House Judiciary Committee last week would give a pathway to citizenship for illegal immigrants who were essential workers during the coronavirus pandemic, Temporary Protected Status holders, and illegal immigrants who were brought to the United States as children.
Senate Minority Leader Mitch McConnell celebrated the decision in a statement Sunday.
“Senate rules never contemplated a majority circumventing the filibuster by pretending that sweeping and transformational new policies were mere budgetary changes,” McConnell said. “Democrats will not be able to stuff their most radical amnesty proposals into the reckless taxing and spending spree they are assembling behind closed doors. This just illustrates how radical Democrats’ aspirations are and how unmoored their far-left wish list has become from the procedures they want to use to ram it through.”
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This is not the first time a Democratic attempt to pass major policy changes with their slim majority of 50 votes plus Vice President Kamala Harris through the reconciliation process has failed.
Earlier this year, the Senate parliamentarian blocked Democrats from adding a $15-an-hour minimum wage provision to a COVID-19 spending bill that also went through the reconciliation process.
