Democrats’ immigration plans have been intercepted

The Biden administration has opened the door for Democratic leaders to introduce a fairly comprehensive immigration plan through the most recent budget package, which could pass through the reconciliation process.

Broadly speaking, this process would allow Democrats to circumvent the Republican filibuster in the Senate by needing only 51 votes to approve the spending bill.

However, although Democratic leaders have modified the immigration resolution in the budget package to comply with Congress’ rules and laws, the Senate Parliamentarian recently rejected two of their immigration proposals.

At this point it is important to explain that the Senate Parliamentarian is the advisor to this branch of Congress, who is in charge of reviewing certain proposals and giving his/her opinion as to whether they comply with mandatory requirements and regular protocols or not.

Let’s take a look at the proposals rejected by the Senate Parliamentarian:

1. Democratic leaders initially proposed opening a path to citizenship for immigrants residing in the US undocumented, a number that currently hovers around 11 million.
2. After the Senate Parliamentarian rejected the first proposal, Democratic leaders proposed updating the Registry provision to allow hundreds of thousands of undocumented immigrants to access legal permanent residence, provided they have lived in the US for a specified period of time.

On both occasions, the Senate Parliamentarian argued that these proposals do not qualify as a budgetary issue, but rather as an immigration policy update.

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Democratic leaders may drop the path to citizenship

After facing the Senate Parliamentarian’s ruling, Democratic leaders are opting for a Plan C, which proposes to expand their parole power to grant employment authorization to approximately 6-8 million eligible undocumented immigrants.

Clearly, this proposal would leave behind the possibility of opening a path to citizenship through the budget reconciliation process, but would allow essential undocumented workers to reside legally in the US for five years, with the possibility of extension for another five years.

In other words, expanding the parole power would grant amnesty for 10 years to undocumented immigrants who meet certain eligibility criteria, which would also allow the country to protect the national economy in times of crisis with the help of foreign workforce.

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Don’t hesitate to seek help from professionals to start your immigration process!

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