Senate Parliamentarian Rejects Immigration Provisions in Build Back Better Act

December 17, 2021 by Dan McCue
Senate Parliamentarian Rejects Immigration Provisions in Build Back Better Act
In this Jan. 6, 2021, photo, Senate Parliamentarian Elizabeth MacDonough works beside Vice President Mike Pence during the certification of Electoral College ballots in the presidential election, in the House chamber at the Capitol in Washington. (AP Photo/J. Scott Applewhite, File)

WASHINGTON — Senate parliamentarian Elizabeth MacDonough has rejected a plan by Democrats to include several immigration policy reforms in the $2 trillion Build Back Better Act currently on hold in the chamber.

MacDonough ruled against providing work permits and protections from deportation for immigrants in the U.S. unlawfully on the grounds they didn’t meet the criteria necessary for them to be part of a budget reconciliation bill.

The so-called “parole in place” policy was included in the House version of the Build Back Better Act bill that the chamber passed in November.

If implemented, it would allow approximately 6.5 million unlawful immigrants who have lived in the U.S. since January 2011 to apply for five-year work permits while effectively being exempt from deportation.

The Congressional Research Service defines reconciliation as a procedure by which Congress can implement budget resolution policies affecting mainly permanent spending and revenue programs.

It  was created under the Congressional Budget Act of 1974 and since its first use in 1980 it has mainly been used to implement budget resolution policies related to permanent spending and revenue programs.

Senate Democrats had been pushing for the inclusion of the immigration reforms in the reconciliation bill so that they could bypass a likely Republican filibuster and pass the Build Back Better Act by a simple majority vote.

Earlier this month Senate staffers met with MacDonough, who is currently on leave undergoing treatment for breast cancer, to argue for and against the inclusion of the immigration measures.

In the end, she felt the arguments against their inclusion more compelling, finding them to be “extraneous matter” and only “incidental to the non-budgetary components” of the bill.

“The proposed parole policy is not much different in its effect than the previous proposals we have considered,” she wrote, adding that the provisions represented “substantial policy changes” that “outweigh the budgetary impact.”

This the third time MacDonough, the Senate’s nonpartisan arbiter of its rules, has rejected a proposal to include immigration reform in the Build Back Better bill.

This latest setback almost certainly means the measures will be left out of the larger package if and when it finally receives a vote.

In a joint statement, Senate Majority Leader Chuck Schumer, D-N.Y., and Sens. Dick Durbin, D-Ill., Bob Menendez, D-N.J., Catherine Cortez Masto, D-Nev., Ben Ray Luján, D-N.M., and Alex Padilla, D-Calif., said they “strongly disagree with the Senate parliamentarian’s interpretation of their immigration proposal” and vowed “to pursue every means” to creating a path to citizenship through the Build Back Better Act.

“Throughout the entire reconciliation process, we have worked to ensure that immigration reform was not treated as an afterthought,” they said. “The majority of Americans support our efforts to provide legal status for millions of undocumented immigrants in the United States because it would raise wages, create good-paying jobs, enrich our economy, and improve the lives of all Americans.

“The American people understand that fixing our broken immigration system is a moral and economic imperative, and we stand with the millions of immigrant families across the country who deserve better and for whom we will not stop fighting,” they concluded.

House Speaker Nancy Pelosi also issued a statement, calling MacDonough’s decision “highly disappointing.”

“Achieving legal protections for undocumented immigrants in the Build Back Better Act has long been a key priority for Congressional Democrats and for the American people – and we will continue to look at every possible option to do so,” Pelosi said.

“Immigrants make America more American: enriching our nation, powering our economy and bringing their patriotism, bravery and determination to succeed to our shores.  The majority of the American people support Democrats’ work to fix our broken immigration system and provide legal status for undocumented immigrants,” she said.

Dan can be reached at [email protected] and at https://twitter.com/DanMcCue.

A+
a-
  • Build Back Better Act
  • Elizabeth MacDonough
  • Senate
  • Senate Parliamentarian
  • In The News

    Health

    Voting

    Political News

    March 28, 2024
    by Dan McCue
    Elections Task Force Prosecutes 2020 ‘Vigilantes,’ Seeks More Civic Dialogue

    PHOENIX, Ariz. — A 46-year-old Ohio man has been sentenced to 30 months in prison for sending death threats to... Read More

    PHOENIX, Ariz. — A 46-year-old Ohio man has been sentenced to 30 months in prison for sending death threats to an Arizona election official. The sentencing of Joshua Russell, of Bucyrus, Ohio, came after he pleaded guilty to one count of making a threatening interstate communication.... Read More

    March 28, 2024
    by Dan McCue
    Vice President Harris Rolls Out First Government-Wide Policy to Mitigate AI Risks

    WASHINGTON — Vice President Kamala Harris on Wednesday rolled out the Biden administration’s first government-wide policy intended to mitigate the... Read More

    WASHINGTON — Vice President Kamala Harris on Wednesday rolled out the Biden administration’s first government-wide policy intended to mitigate the risks associated with artificial intelligence while still enabling its use to advance the public interest. The new policy, which is being issued through the White House... Read More

    March 27, 2024
    by Dan McCue
    New Dem Chair Kuster Announces Retirement Following 2024 Election

    CONCORD, N.H. — Rep. Annie Kuster, D-N.H., who, among other things, is the current chair of the New Democrat Coalition... Read More

    CONCORD, N.H. — Rep. Annie Kuster, D-N.H., who, among other things, is the current chair of the New Democrat Coalition in the House, revealed Wednesday that she will not seek reelection to Congress this year. In a lengthy statement released by her office, Kuster gives no... Read More

    March 25, 2024
    by Dan McCue
    CPAC Releases Ranking of Most Conservative Members of Congress

    WASHINGTON — The Conservative Political Action Conference, also known as CPAC, on Monday released its annual ranking of members of... Read More

    WASHINGTON — The Conservative Political Action Conference, also known as CPAC, on Monday released its annual ranking of members of the House and Senate based on their conservative bona fides or lack thereof. To produce this year’s scorecard, the CPAC foundation’s Center for Legislative Accountability analyzed... Read More

    March 22, 2024
    by Dan McCue
    After a Decade on Capitol Hill, Brad Howard Steps Out on His Own

    WASHINGTON — After a decade on Capitol Hill, most recently as chief of staff for former Rep. Stephanie Murphy, D-Fla.,... Read More

    WASHINGTON — After a decade on Capitol Hill, most recently as chief of staff for former Rep. Stephanie Murphy, D-Fla., and communications director of the Blue Dog Coalition, Brad Howard knew it was time for change. “It was time to move into the private sector,” he... Read More

    March 22, 2024
    by Dan McCue
    Greene Files Motion to Vacate Speaker’s Chair

    WASHINGTON — For the second time in five months, a member of the Republican Conference in the House has filed... Read More

    WASHINGTON — For the second time in five months, a member of the Republican Conference in the House has filed a motion to vacate the chair of the party’s speaker. But this time, Rep. Marjorie Taylor Greene, R-Ga., says the motion is intended merely as a... Read More

    News From The Well
    scroll top