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Embattled Democrats suffered yet another stinging defeat Thursday when Senate parliamentarian Elizabeth MacDonough rejected their third attempt to stuff their “Build Back Better” proposal with amnesty for illegal aliens.
“These are substantial policy changes with lasting effects just like those we previously considered and outweigh the budgetary impact,” her guidance reads.
Because congressional Democrats lack the votes in the U.S. Senate to pass the bill the traditional way (via 60 votes), they’ve been scheming to pass it through budget reconciliation, a process that requires a simple 51-vote majority.
The problem is that the rules for budget reconciliation are understandably strict, in that any bills passing via this method must pertain to fiscal policy. Amnesty clearly does not. Democrats have nevertheless tried again and again to skirt the rules but to no avail.
“The guidance is the latest setback for Democrats’ hopes of including immigration reform in the spending bill. MacDonough had previously rejected two plans from Democrats that would have provided a pathway to citizenship for millions of immigrants,” according to The Hill.
“The third plan stopped short of that, aggravating some activists and progressives. It would have granted 6.5 million foreign nationals a temporary parole status that would give them five-year work and travel permits,” the outlet reported late Thursday evening following MacDonough’s rejection.
To be clear, the proposal being sought by Democrats has nothing to do with legal “immigration.” It pertains only to illegal migration.
The Senate parliamentarian rightfully rejects Dem’s attempt to include massive amnesty in a budget bill.
Meanwhile, illegal immigration is at an historic high and @DHSgov under @SecMayorkas refuses to enforce immigration law. A de facto amnesty has already been put into effect. https://t.co/HouC5tdFXn
— NumbersUSA (@NumbersUSA) December 17, 2021
The bad news for Republicans is that Democrats could try yet again. The good news is that, according to reports, they currently have no legitimate backup plan.
“Not at this point,” Judiciary Committee chair Sen. Dick Durbin reportedly said when asked if there’s a “Plan D.”
After immigration provisions rejected by Senate parliamentarian, Senate Judiciary Chairman Dick Durbin says “not at this point” when asked by @tedbarrettcnn if there’s a “plan D.” Says they’re “considering what options remain.”
— Manu Raju (@mkraju) December 16, 2021
Keep in mind, however, that left-wing activists are pressuring Democrats to just ignore MacDonough’s ruling and proceed as planned in violation of Senate rules.
The parliamentarian is unelected and upholding their “ruling” is a choice.
— Stephen Spaulding (@SteveESpaulding) December 17, 2021
People often ask me what Reid would have done differently. Hypotheticals are hard: would he have been able to get Manchin and Sinema? Idk. But on one thing I’m confident: the minute he realized the Dem agenda hinged on a 50/50 majority, he would have replaced the Parliamentarian.
— Adam Jentleson 🎈 (@AJentleson) December 17, 2021
Very disappointing ruling from the parliamentarian. Holding my immigrant family who need relief in my heart. We will continue fighting to force the Democratic trifecta to deliver one way or another. They must overrule the parliamentarian or end the filibuster. No excuses.
— Kai Newkirk (@kai_newkirk) December 17, 2021
“Democrats must overrule the parliamentarian to pass immigration reform,” said @RepBowman. https://t.co/tU1b4CXK0r
— Common Dreams (@commondreams) December 17, 2021
Marielena Hincapié, the executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund, reportedly said that Democrats should use “their power under existing Senate rules to disregard the parliamentarian’s advisory opinion and enact the permanent protections.”
“It’s time for Senate leaders to retake control of the legislative process. … The Senate has received some bad advice that needs to be disregarded,” American Business Immigration Coalition co-chair Mike Fernandez reportedly said in concurrence.
The only legitimate way to overrule MacDonough would be through a 60-vote majority. The other way would be to use the nuclear option again. But the last time Democrats resorted to using the nuclear option, it backfired “bigly” in their face.
Harry Reid haunts Dems when Mitch McConnell goes nuclear to fast-track conservative judges https://t.co/LA7avT1CMt
— Conservative News (@BIZPACReview) April 4, 2019
Republicans, meanwhile, hope Democrats return to the negotiating table and stop trying to legislate unilaterally.
“Since the parliamentarian has disallowed immigration provisions in BBB, now for the 3rd time, will Ds now work with Republicans to pass consensus legislation or simply continue to overpromise and underdeliver on border security and immigration matters?” Sen John Cornyn tweeted Friday morning.
Since the parliamentarian has disallowed immigration provisions in BBB, now for the 3rd time, will Ds now work with Republicans to pass consensus legislation or simply continue to overpromise and underdeliver on border security and immigration matters?
— Senator John Cornyn (@JohnCornyn) December 17, 2021
House Speaker Nancy Pelosi has, for her part, signaled that she’d like Senate Democrats to make a fourth attempt.
“Achieving legal protections for undocumented immigrants in the Build Back Better Act has long been a key priority for Congressional Democrats and for the American people — and we will continue to look at every possible option to do so,” she said in a statement released Friday morning.
Pelosi releases a statement on the Parliamentarian’s guidance rejecting immigration reform in Build Back Better. She doesn’t advise that the Vice President overrule the Senate Parliamentarian. pic.twitter.com/ovZZs2eopZ
— Eric Michael Garcia (@EricMGarcia) December 17, 2021
Senate Democrats have signaled that they intend to do exactly that:
Dem leaders say they’re not done trying on immigration in BBB
“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.” pic.twitter.com/QEBctCHyY1— Manu Raju (@mkraju) December 17, 2021
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