Democrats are facing tough decisions after the Senate parliamentarian rejected lawmakers’ third attempt at including immigration reforms in Biden’s Build Back Better Act.
Democrats’ hopes of including major immigration reform in their sweeping social spending bill are on life support after the Senate parliamentarian rejected their third attempt to do so.
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Senate parliamentarian Elizabeth MacDonough said Thursday evening that provisions to allow some 6.5 million immigrants who have lived in the country illegally since 2011 to apply for five-year work permits and protection from deportation ran afoul of the chamber’s rules and could not be included in President Joe Biden’s proposed Build Back Better Act. The provisions are a part of the House version of the measure passed last month.
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The so-called “Plan C” was perhaps Democrats’ last feasible option to include major immigration provisions in the bill, and the opinion is a devastating blow to lawmakers and advocates who earlier this year were ecstatic at the possibility of passing sweeping reform measures for the first time in decades after years of congressional gridlock on the issue. The plan seemed viable because lawmakers will try to pass the spending measure through a process known as reconciliation, in which budget-related bills only require 51 votes to advance, instead of the 60 typically needed for major legislation to overcome procedural hurdles.
But with hopes now deflated, Democrats now face a choice between several undesirable options: abandon the attempt, weaken the proposed immigration provisions even further and renegotiate with the parliamentarian, or try to convince their colleagues to reject the parliamentarian’s opinions completely – which is within their authority – and push ahead with the inclusion of even more sweeping reforms.
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The latter is certain to face resistance from moderate caucus members, including Sen. Joe Manchin of West Virginia, but lawmakers leading the charge on the issue have already indicated that they may attempt to do so anyway.
“We strongly disagree with the Senate parliamentarian’s interpretation of our immigration proposal, and we will pursue every means to achieve a path to citizenship in the Build Back Better Act,” a group of Democrats including Sen. Chuck Schumer of New York, Sen. Dick Durbin of Illinois, Sen. Bob Menendez of New Jersey, Sen. Catherine Cortez Masto of Nevada, Sen. Ben Ray Luján of New Mexico and Sen. Alex Padilla of California said in a statement Thursday.
The statement is notable because Democrats have already attempted to include provisions in the measure that would lead to a path to legal status for millions of immigrants living in the country illegally. Those efforts were rejected by the parliamentarian, and lawmakers chose to whittle down the scope of the provisions in an effort to get McDonough to green-light more narrow reforms.
The spending bill is also likely the last chance for Democrats to pass immigration measures ahead of the 2022 midterms next fall after the party promised voters action on the issue.
Progressive Democrats have signaled a willingness to overrule the parliamentarian and immigration advocacy groups have consistently urged lawmakers to do so.
