Democrats make immigration case to Senate parliamentarian

Swim19 · 09-11-2021, 09:36 AM

Quote:

Democrats’ ability to pass legislation establishing a path to legal status for these immigrants hinges, in part, on whether Senate Parliamentarian Elizabeth MacDonough will allow it. Earlier this year, MacDonough rejected their attempt to push through a minimum wage increase via budget reconciliation.

MacDonough could determine that some or all of these immigration provisions do not comply with the Senate’s Byrd Rule, which prohibits provisions that do not directly impact the federal budget from passing via reconciliation. But Democrats are prepared to engage in back-and-forth with the parliamentarian and come back to the table with alternative provisions.

“Unlike minimum wage, it’s not a one-shot deal,” said Kerri Talbot, deputy director of the Immigration Hub and former chief counsel for Sen. Bob Menendez, D-N.J.

One backup option under consideration would be to update the year on existing immigration programs, such as the immigration registry and a program known as 245(i), according to a person familiar with the discussions. Both programs would allow undocumented immigrants who have lived in the U.S. for a certain number of years to become permanent residents.

The 245(i) program allows undocumented immigrants with U.S. relatives or employers who applied to sponsor them for green cards to become permanent residents if they pay a $1,000 fee, regardless of how they entered the country.

However, the program currently covers only people whose relatives or employers filed green card petitions for them before April 2001.

The immigration registry would also allow immigrants who have lived in the U.S. since a certain year, without a criminal record and who demonstrate “good moral character,” to get green cards. That program is even more outdated, though, currently applying only to those who entered the U.S. before 1972.

By moving up the years on those two programs, Democrats could potentially establish a path to permanent residency for individuals from all of the targeted categories of immigrants, including undocumented immigrants and some who have been waiting in lengthy green card backlogs. It would leave out, however, those who entered the U.S. after the newly specified year.

If the parliamentarian rejects Democratic lawmakers’ efforts to include immigration provisions in the reconciliation bill, advocates could push for Congress to overrule her or nix the Senate filibuster altogether, allowing any bill to pass the Senate with a simple majority.

“This is the closest that we have ever been,” said Greisa Martinez, deputy director at United We Dream, an organization that advocates for immigrant youth. “The American public is behind us. This has become a Democratic and progressive priority. We have a process. The economic impact cannot be clearer.”

https://www.rollcall.com/2021/09/10/...rliamentarian/

IamAman · 09-11-2021, 10:28 AM

Updating 245i would help me immediately and give my lawyer confidence to go forward with my AOS. I'd rather have the Dream Act first however as it would be less risky and less fuss.

Got_Daca · 09-11-2021, 10:42 AM

Elizabeth we hope you have a heart

Copper · 09-11-2021, 01:40 PM

If they can't come up with an immigration solution, maybe Biden will grow a pair and do an executive action where it allow us to adjust through marriage without having to leave the Country and trigger the 10 year ban.

It amazes me how Trump was able to find all these loopholes and executive orders to bypass Congress on immigration related issues, but Biden hasn't done much other than that one executive order on DACA that did nothing.

Demise · 09-11-2021, 02:22 PM

Keep in mind that getting rid of 245(i) and putting in re-entry bars into IIRIRA is what caused the undocumented population to balloon from ~3 million to probably like 10 million. Before that yes people would overstay or EWI, but those safety valves would allow them to eventually pay the fine and AOS, do consular processing, or just leave knowing that they can probably find some way back in down the line.

Also keep in mind that prior to LIFE Act, 245(i) didn't have any kind of expiration date, and going further it shouldn't.

Imthexman · 09-11-2021, 10:30 PM

Quote:

Originally Posted by Demise

Keep in mind that getting rid of 245(i) and putting in re-entry bars into IIRIRA is what caused the undocumented population to balloon from ~3 million to probably like 10 million. Before that yes people would overstay or EWI, but those safety valves would allow them to eventually pay the fine and AOS, do consular processing, or just leave knowing that they can probably find some way back in down the line.

Also keep in mind that prior to LIFE Act, 245(i) didn't have any kind of expiration date, and going further it shouldn't.

It amazes me that the Dems would rather go this route than simply overwrite the parliamentarian's decision (which wont be the first time that has been done). This could be a perfect moment for Kamala to shine and finally do something important if the Parliamentarian doesn't agree.

nationalsfan · 09-13-2021, 12:02 PM

dunno, this all sounds great but reading up on the minimum wage reconciliation news, it sounds eerily familiar to how this is going... gotta hope for the best I guess

Copper · 09-13-2021, 01:43 PM

Quote:

Originally Posted by nationalsfan

dunno, this all sounds great but reading up on the minimum wage reconciliation news, it sounds eerily familiar to how this is going... gotta hope for the best I guess

I read in some article that unlike the minimum wage, Democrats can come back and counteroffer.

JayR9 · 09-13-2021, 01:50 PM

Quote:

Originally Posted by Copper

If they can't come up with an immigration solution, maybe Biden will grow a pair and do an executive action where it allow us to adjust through marriage without having to leave the Country and trigger the 10 year ban.

It amazes me how Trump was able to find all these loopholes and executive orders to bypass Congress on immigration related issues, but Biden hasn't done much other than that one executive order on DACA that did nothing.

Supreme Court is stacked against him right now. He can't pull what Trump pulled.

Marco956 · 09-13-2021, 03:45 PM

https://twitter.com/pabloreports/sta...753663493?s=21

Dem aide close to immigration reform negotiations says no word yet from the parliamentarian.

"Convo still ongoing," says aide, "so decision is not imminent but could come as early as in the next few days."

They need you!

Forum links

Resources

Join our list

National calendar of events

January

Democrats make immigration case to Senate parliamentarian