Senate Parliamentarian has to weigh in on immigration provisions

The Senate Parliamentarian’s opinion has become an essential step for Democratic leaders to enact the first immigration reform in decades through the budget reconciliation process.

To understand the issue at hand, it is important to explain that:

• The Senate Parliamentarian is known to be the “referee” of policy and procedure in the upper chamber of Congress and, therefore, it is his/her duty to give his/her opinion regarding legislation reviewed by the Senate.
• Biden included several immigration provisions in the budget package that was introduced through the reconciliation process, which would allow the Democratic Caucus to circumvent the Republican filibuster in the Senate.
• One of the immigration provisions proposes to offer temporary protection from deportation for up to 10 years to eligible undocumented immigrants, that is, approximately 7 million people.
• That was not the Democratic leaders’ initial proposal; the first plan was to open a path to citizenship for immigrants residing in the US undocumented.
• The Senate Parliamentarian has already twice rejected the immigration language in Biden’s budget package and that is why Democratic leaders have changed the provisions.

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Democratic leaders explain immigration provisions to Senate Parliamentarian

On Wednesday, December 1, Senate Democratic leaders met with the Senate Parliamentarian and laid out the latest version of immigration provisions in Biden’s spending bill, trying to demonstrate why it is important to pass these resolutions.

It is still uncertain what the Senate Parliamentarian’s ruling will be, but it is possible that she will reveal her opinion this or next week.

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Immigration provisions may change after Senate review

At this point it is important to clarify that immigration provisions included in the budget package are still subject to change. On the one hand, the Democratic leaders could decide to follow the Senate Parliamentarian’s opinion if she rejects the immigration language again or the Senate members could also propose substantial changes.

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