Is Biden Thinking about Including Immigration in the Reconciliation Process?

Could Biden include immigration in the reconciliation process?

The Biden Administration Intends to Restructure the Immigration System

It is no secret that the Biden administration has a strong intention to reshape the local immigration system through comprehensive reform, which needs congressional approval. In fact, Biden’s stance on immigration was one of the influential factors in his winning the November 2020 election and becoming the 46th president of the US.

However, the executive power of President Biden and his team has limits when it comes to certain immigration legislation. Therefore, in order to officially implement some of its immigration proposals and policies, the Biden administration needs intervention from the branches of Congress.

The regular process states that, in order for immigration bills to officially become law, they need to be passed by the House of Representatives and obtain 60 votes in the Senate, which is the upper chamber of Congress. Nevertheless, the reality is that, due to the surge of illegal border crossings and other immigration-related debates, it is highly unlikely that Biden will get these votes in the Senate to carry comprehensive immigration reform, which includes a path to citizenship for millions of immigrants currently residing in the US undocumented.

In other words, at this point, the Biden administration is looking at other viable alternatives to promote comprehensive immigration reform because it is fully aware that it is practically impossible to get 60 votes in the Senate amidst a Republican filibuster.

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Democratic Leaders Propose the Reconciliation Process

Over the past several months, multiple Democratic leaders have urged the Biden administration to use the reconciliation process to introduce an immigration section in a budget bill, which may be a strategic move, but also unlikely at this time.

Broadly speaking, the reconciliation process refers to the Biden administration’s ability to push through a budget resolution for economic recovery without the need to get 60 votes in Congress, but only 51.

Budget reconciliation was initially implemented under the “Congressional Budget Act of 1974” and allows certain legislation to pass without going through the Republican filibuster, as long as they meet certain eligibility requirements.

Could Biden include immigration in the reconciliation process?

There is currently uncertainty among the American public as to whether Biden is thinking of using the budget reconciliation process to introduce immigration legislation and subtly pursue comprehensive immigration reform.

In fact, the Chair of the Senate Judiciary Subcommittee recently stated that, during a meeting with President Biden and Vice President Kamala Harris, they discussed offering a path to legalization for essential undocumented workers through a budget package, which would serve as a means to boost the economy in times of global crisis.

However, according to several critics, the current problem lies in the fact that the Senate parliamentarian is unlikely to allow an immigration resolution to be included in a budget bill, but that is still uncertain.

Have you already chosen the process that suits your immigration needs?

We want to help you fulfill your dreams in the US through the immigration process that best suits your current needs. Therefore, do not hesitate to contact Motion Law Immigration, schedule a FREE Consultation and follow the advice of our expert immigration attorneys, who have vast experience with all kinds of immigration cases and will surely know which is the best alternative for your particular case.

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