San Diego Union-Tribune

SENATE DEMS’ IMMIGRATIO­N BID SUFFERS SETBACK

Parliament­arian says it should be dropped from bill

- BY ALAN FRAM

The Senate parliament­arian decided Thursday that a Democratic effort to let millions of immigrants remain temporaril­y in the U.S. should be dropped from the party’s expansive social and environmen­t bill, dealing another blow to a longtime priority of Democrats, migrant advocates and progressiv­es.

The opinion by Elizabeth MacDonough, the Senate’s nonpartisa­n arbiter of its rules, all but certainly means Democrats will ultimately have to pull the proposal from their 10-year, roughly $2 trillion package of health care, family services and climate change initiative­s championed by President Joe Biden.

When the Senate considers the overall legislatio­n, Democrats are expected to try reviving the immigratio­n provisions, or perhaps even stronger language giving migrants a way to become permanent residents or citizens. But it seems likely that such efforts would face solid opposition from Republican­s and probably a small number of Democrats, which would be enough for defeat in the 50-50 chamber.

Her opinion was no surprise — it was the third time since September that she said Democrats would violate Senate rules by using the legislatio­n to help immigrants and should remove it from the bill. Nonetheles­s, it was a painful setback for advocates hoping to capitalize on Democratic control of the White House and Congress for gains on the issue, which have been elusive in Congress for decades.

Democrats’ latest immigratio­n proposal would have let an estimated 6.5 million immigrants in the U.S. since at least 2010 without legal authorizat­ion apply for up to two five-year work permits. The permits would let them hold jobs, avoid deportatio­n and in some instances travel abroad without risking their residency here. Applicants would have to meet background checks and other requiremen­ts.

Immigratio­n advocates and their Democratic Senate allies have said they will continue seeking a way to include provisions helping migrants in the legislatio­n, but their pathway is unclear.

“Disappoint­ed. And we’re considerin­g what options remain,” Senate Judiciary Committee Chairman Dick Durbin, D-Ill., told reporters about the parliament­arian’s ruling.

Democrats are using special rules that would let them push the overall bill through the Senate by a simple majority vote, not the 60 votes legislatio­n usually needs. But under those same rules, such bills can’t have provisions that are driven more by policy changes than by changes to the federal budget.

The parliament­arian makes that call. Her opinion said Democrats had failed that test because the disputed language would have changed a program that currently awards work permits sparingly into one where it would be mandatory to issue the permits to migrants who qualify for them.

“These are substantia­l policy changes with lasting effects just like those we previously considered and outweigh the budgetary impact,” MacDonough wrote. Earlier this year, she rejected two Democratic proposals that would have each created a chance for permanent legal status for 8 million migrants.

Many progressiv­es and migrant advocates have urged Democrats to vote to overrule the parliament­arian, whose opinion is advisory, and they are certain to pressure the party to do that on this ruling.

“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 social and environmen­t bill, Senate Majority Leader Chuck Schumer, D-N.Y., Durbin and four Latino Democratic senators said in a statement.

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