Senate Majority Leader Chuck Schumer stated Sunday evening that Democrats were "deeply disappointed" by the decision but will meet with Senator parliamentarians in the coming days to explore other options.
Schumer stated that "our economy depends more than ever upon immigrants." Schumer stated that despite having to risk their lives during the pandemic, and having paid their fair share in taxes, they are still barred from federal assistance that provided a lifeline for many families. We will fight to ensure that they have legal status.
Senator Alex Padilla (D.Calif.) and Senate Majority Whip Dick Durbin, both Democrats, echoed Schumer's comments. The White House spokesperson stated that President Joe Biden supports efforts by Congress to include a pathway for citizenship in the reconciliation package. He also thanked the leadership of Congress for their hard work.
Bipartisan talks were stalled and Democrats viewed the social budget package that would be negotiated through the so-called budget reconciliation, which allows Democrats to avoid a filibuster, as the best chance for them to enact immigration legislation.
The Senate parliamentarian was a former immigration lawyer. Democrats argued that green cards for 8 million Dreamers, farmworkers and Temporary Protected status recipients, as well as essential workers, during the pandemic, had a budgetary effect because more people would be eligible for federal benefits. According to Democratic estimates, this would result in a $130 billion increase in the deficit.
However, the parliamentarian said in her ruling that reconciliation would also provide other life-changing federal, State, and societal benefits that cannot be effectively reflected in the budget.
These people would be able to work freely, travel freely, live in freedom in any country, and reunite with their families. They would also be eligible to apply for citizenship if they are able to do so.
The parliamentarian also rejected the argument of Democrats that there was a precedent for including immigration Reform in reconciliation. Democrats often referred to the 2005 GOP-led reconciliation bill, which addressed the visa backlog.
However, the parliamentarian noted that 2005's bill was the result of a bipartisan agreement. This means that provisions that include cross-aisle support are more likely not to be floated under rules that do not require such buy in and that the provisions "are distinguishable" from each other. The earlier immigration proposal did not address the question of legal status.
The decision of Sunday's parliamentarian was praised by the congressional Republicans. Iowa Senator Chuck Grassley (R-Iowa) tweeted that the parliamentarian had "confirmed [the] evident: mass amnesty to millions of illegal immigrants, isn't a budgetary matter appropriate for reconciliation." Senator Minority Leader Mitch McConnell (Republican from Kentucky) said, "Senate rules never envisaged a majority bypassing the filibuster by pretending sweeping and transformative new policies were only budgetary changes."
McConnell stated that Democrats had tried a new, unprecedented strategy after decades of failure to implement their amnesty agenda. "It was wrong and I'm glad that it failed.
