Senate parliamentarian deals blow to Dems’ immigration push – KIRO 7 News Seattle

WASHINGTON – (AP) – Democrats cannot use their $ 3.5 trillion package in support of social and climate programs on their plan to give millions of immigrants the chance to become citizens, the Senate MP said a devastating blow to the party’s clearest path in years to achieve this long-awaited goal.

The decision of Elizabeth MacDonough, the impartial interpreter of the Senate’s often enigmatic rules, is a damaging and discouraging setback for President Joe Biden, the Democrats in Congress, and their allies in the immigrant-friendly and progressive communities. Although they said they would offer her new alternatives, MacDonough’s stance hurts her hopes to unilaterally – against the Republican opposition – enact changes that would allow permanent residence and possibly citizenship for multiple categories of immigrants.

The parliamentary opinion released on Sunday is critical because it means immigration rules could not be included in an immense $ 3.5 trillion measure that was protected from GOP filibusters. Vulnerable to those delays in killing laws that require 60 Senate votes to defuse them, immigrant language has virtually no chance in the 50-50 Senate.

In a three-page memo to Senators received by The Associated Press, MacDonough stated that Senate rules do not allow provisions in such bills if their budgetary effect is “incidental” to their general political effect.

Citing far-reaching changes Democrats would make in immigrant lives, MacDonough, a former immigration attorney, said the language “is, in all respects, a broad, new immigration policy.”

The rejected provisions would open doors to legal permanent residence – and perhaps citizenship – for young immigrants who were illegally brought into the country as children and are often referred to as “dreamers”. Also included would be immigrants with temporary protection status who have fled countries affected by natural disasters or extreme violence; important workers and farm workers.

Estimates vary as many people can be in more than one category, but the bipartisan budget bureau of Congress says 8 million people would be helped by the Democrats’ efforts, MacDonough said. Biden had originally proposed a broader action that would have affected 11 million immigrants.

Democrats and their immigrant allies have announced that they will offer alternative approaches to MacDonough that would open the door to permanent status for at least some immigrants.

“We are deeply disappointed with this decision, but the struggle to get immigrants legal status under budget balancing continues,” Senate Majority Leader Chuck Schumer, DN.Y., said in a written statement. “Senate Democrats have prepared alternative proposals and will hold additional meetings with the Senate MP in the coming days.”

“Pathway to permanent residence and citizenship has significant budgetary implications, great bipartisan support, and is especially critical to America’s recovery,” said Kerri Talbot, assistant director of the Immigration Hub, a group of pro-immigrant strategists. She said work will continue “to ensure that millions of undocumented immigrants can enjoy permanent protection”.

The MP’s decision angered progressives at a time when Democratic leaders will need virtually every vote from their party in Congress to pass a $ 3.5 trillion 10-year bill, Biden’s most important embodies domestic political goals.

In addition, Republicans are already signaling that they will use immigration, which they associate with some voters’ fear of crime, as a hot topic in the House and Senate control campaigns next year. The subject attracted attention in a year when large numbers of immigrants were encountered trying to cross the southwest border.

“Democratic leaders refused to resist their progressive base and advocate the rule of law, even though our border has never been less secure,” said Senate minority leader Mitch McConnell, R-Ky. He said it was “inappropriate and I’m glad it failed”.

Indeed, over the years, both parties have increased the use of the special budgetary safeguards. Democrats used it to pass President Barack Obama’s 2010 health bill, and Republicans used it during their failed attempt to repeal that bill in 2017.

“It would have led to an increased rush at the border – beyond the chaos we already have there today,” said Senior Republican Senate Budget Committee Senator Lindsey Graham of South Carolina.

An alternate proponent has said that they would consider updating a “registration” date that would allow some immigrants in the US to become permanent residents by that time if they meet certain conditions. However, it was unclear whether they would pursue this option or how the parliamentarian would govern.

White House spokesman Vedant Patel called the MP’s decision disappointing but said senators would offer new immigration ideas.

MacDonough cited a CBO estimate that the Democrats’ proposals would add $ 140 billion to the federal deficit over the next decade. This is mainly due to the federal services for which the immigrants would qualify.

But that fiscal impact, MacDonough wrote, was overshadowed by the improvements that democratic efforts would bring to the lives of immigrants.

“Many people without papers live and work in the shadow of our society for fear of deportation,” she said. Permanent legal status would give them “freedom to work, travel, freedom to live openly in our society in any state in the nation, and reunite their families, and enable them to apply for citizenship in good time. Things for which there is no federal fiscal equivalent. “

That, she wrote, “is a huge and lasting political change that dwarfs its budgetary impact.”

Democrats and a handful of GOP allies have made stagnant strides over the past two decades towards legislation that would help millions of immigrants gain permanent legal status in the United States. Ultimately, each time they were thwarted by broad republican opposition.

The House of Representatives passed separate bills this year that accomplish much of it, but the measure got nowhere in the Senate over Republican filibusters.

The total of $ 3.5 trillion would boost spending on social safety nets, environmental and other programs, and fund the initiatives largely through tax hikes for the rich and corporate.

Progressive and moderate Democrats argue over the price and details of the measure. The party leaders cannot lose any democratic votes in the 50-50 Senate and no more than three in the House of Representatives.

MacDonough was appointed when the Democrats controlled the House in 2012 and is respected as an impartial arbiter of Senate rules.

Earlier this year, one of their rulings forced Democrats to remove a minimum wage increase from a COVID-19 relief bill, undermining another progressive priority.

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AP Congress Correspondent Lisa Mascaro and AP writer Alexandra Jaffe contributed to this report.

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