Civic Register
| 12.16.21

Senate Parliamentarian Rejects Democrats' Latest Plan to Add Immigration Reform to Reconciliation Spending Bill

How do you feel about the parliamentarian’s ruling?

What’s the story?

  • Senate Parliamentarian Elizabeth MacDonough on Thursday ruled against Democrats’ third plan to use the budget reconciliation process to pass immigration reforms. The latest proposal would have provided millions of unauthorized immigrants with temporary protection from deportation along with work permits.
  • The text of Democrats’ reconciliation bill, known as the Build Back Better Act, has been in flux since the House passed a version of the bill that was a non-starter in the Senate. Democratic senators have been negotiating changes amongst themselves and have now consulted the parliamentarian on three immigration reform proposals, each of which were ruled to violate the Senate rules for reconciliation bills, which can pass with a simple majority vote without being subject to the 60 vote threshold for most legislation.
  • Bills considered under the budget reconciliation process must comply with the so-called “Byrd rule” which prohibits the inclusion of policies that aren’t directly related to fiscal policies. For example, provisions that don’t change spending or tax revenues or have spending and revenue changes that are only incidental to non-budgetary parts of a provision may be deemed extraneous. 
  • Senate Judiciary Committee Chairman Dick Durbin (D-IL), whose committee has jurisdiction over immigration policies, told reporters that he is “disappointed” and that the bill was rejected on the “same reasoning” as the other immigration reform proposals. Durbin added that Democrats are “considering what options remain” but when asked whether there is another proposal ready to be submitted he replied, “Not at this point.”  

What’s next?

  • The Senate’s Democratic majority could in theory vote to overrule the parliamentarian’s ruling if all 50 senators agreed along with Vice President Kamala Harris, but they lack the votes to do so.
  • Moderate Democratic including Sens. Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) view a vote to overrule the parliamentarian and create a new precedent as being akin to eliminating the legislative filibuster which requires 60 votes to limit debate on non-reconciliation bills. 
  • They argue that eliminating the legislative filibuster through a new precedent would result in each party taking turns using the process to broaden the reconciliation carve out for non-budgetary items to be enacted along party-lines with simple majorities in the Senate, causing the pendulum of public policy to swing more wildly.
  • Democrats may devise another immigration reform proposal that they can submit to the parliamentarian for further review before they bring their reconciliation bill to the floor, but it’s unclear at this time whether they will do so or what the new policy would include.


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— Eric Revell

(Photo Credit: ray_explores via Flickr / Creative Commons)

  • 60
    Louie
    12/30/2021

    Thank God there’s still one person in Washington that will follow the constitution and its laws.

  • 38
    Devildog1968
    12/23/2021

    BUDGET reconciliation, much as the name implies, can only be used for fiscal/financial bills and amendments. I'm not sure why this is so hard. Just because you want to pass something on a party-line vote with no need to meet majority rules doesn't mean you are allowed to use things not made for that. Anyone who is complaining about not being to add IMMIGRATION changes to a BUDGET rule just sounds like a whining child complaining about not getting their way! The rule was put in place to prevent parties to do EXACTLY this. It is working as designed and all should be happy with that. Today her Dems have a slim majority but next time it will be the Repubs. And would you want them to jam in changes limiting illegal immigration using Budget reconciliation? I believe that all laws should be thought in terms of this rule: Would I love to give this power to the opposite party president and Congress? If you aren't willing to vote to give that power to your opponent's party, you shouldn't be giving it to yourselves...PERIOD!

  • 110
    604 PRINGLE AV SP 18,
    12/22/2021

    I liked the ruling but I know hat the left will waste much of this next year trying to pass this unwanted legislation piece meal and their reasoning will just a fake and insincere as always.......

  • 9,166
    Charles
    12/21/2021

    Now try a stand alone Immigration bill as reform needs to happen for immigration!!!!!!

  • 590
    Alexandra
    12/21/2021

    I love legal immigrants!! But since people from over 120 countries have been caught crossing our Southern Border (including terror suspects), I am convinced OPEN border advocates HATE the US & want to see the country DESTROYED.

  • 21
    John
    12/20/2021

    Time to stop the insanity. Stop spending away $$$ we don’t have, increasing inflation and destroying peoples’ desire to work and support their families.

  • 196
    jeff
    12/21/2021

    Leftist immigration "reforms" are pretty much universally anti-American and Anti-America. We need immigration reform that centers the needs of Americans, not non-Americans.

  • 149
    S
    12/21/2021

    Biden administration and progressive democrats are dangerous, destructive, and malevolent towards USA. They lead with lies and threats, and encourage fear.

  • 3,770
    Kevin
    12/21/2021

    Immigrants are not our enemies.

  • 373
    Marilyn
    12/20/2021

    I do not agree with the whole parliamentary thing. I'm open to an honest debate on the issue but still am at the conclusion of it being undemocratic. Who are the ones appointing these unelected officials that can put a stop to things the minority of its citizens want and voted for. If there is a way to have an election for these parliamentarians so be it otherwise I do not see the need for them. As if our elected representatives and the American people are not intelligent enough to have their own oppinions on such things. I find it a backwards system to have such parliamentarians especially to thwart the will of the people.

  • 868
    Daniel
    12/20/2021

    She made the correct ruling.

  • 304
    Kathy
    12/20/2021

    Can't do it but they are working to find a way to do it in some form or another! The Democrats have dreamed of doing this for years despite the American people DO NOT!!!!!!!!!!!

  • 13.6k
    MrGeer
    12/20/2021

    why do we have to listen to an unelected office no one ever heard of before recent years. Anytime any progress is about to happen, this ''person'' declares we can't...for...reasons...

  • 150
    Arnold
    12/20/2021

    We need lawful immigration, not a behold lot of freebies for people that break our laws

  • 184
    Marcia
    12/20/2021

    Time to get stuff done!

  • 694
    Hillcruiser74
    12/20/2021

    I am so sick of Democrats using any excuse for taking real action, this time it's the parliamentarian. It's BS, Republicans just bulldoze right on through, so disgusted!

  • 165
    Dan
    12/20/2021

    Immigration reform starts with controlling the border

  • 1,530
    Bonn77
    12/20/2021

    Frankly the addition of immigration was a long shot.

  • 300
    Frederick
    12/20/2021

    What’s there not to like, she did her job in an unbiased manner.

  • 1,532
    Lael
    12/20/2021

    :(!!!