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Senate Democrats scramble after parliamentarian rejects immigration plan

Updated December 17, 2021 - 2:46 pm

WASHINGTON — Senate Democrats scrambled Friday to keep deportation protections for millions of immigrants in the Build Back Better Act despite a parliamentarian’s ruling that the language did not adhere to budget rules for a tax and spending bill designed to bypass a filibuster.

Nevada Democrats urged party leaders to push for inclusion of the immigration measures in the sweeping $2 trillion bill, currently stalled in the Senate due to ongoing negotiations between Sen. Joe Manchin, D-W.V., and the White House over the overall price tag of the bill.

A vote on the overall bill is not expected until next year.

Democrats had viewed the sweeping bill to improve social programs as a vehicle to implement immigration reforms that have failed to move forward in past years. They are still eyeing strategies to include work permits and other protections in the Build Back Better Act.

“We need to pursue every option,” Sen. Ben Ray Lujan, D-N.M., told reporters Friday.

Democrats huddled on how to proceed with immigration proposals.

Those include a residency extension for those with Temporary Protected Status, work permits for undocumented immigrants who have lived and worked in the United States this past decade, and a path to citizenship for the so-called Dreamers, who were brought here illegally as children.

About 6.5 million immigrants would be eligible, including about 120,000 in Nevada, according to the U.S. Census.

Democratic leaders were weighing whether to ignore the parliamentarian ruling and keep the language in the $2 trillion spending package of expanded health and education programs and those that address climate change. The spending would be offset by tax hikes on corporations and the wealthy.

“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,” Sen. Catherine Cortez Masto, D-Nev., said in a joint statement from lawmakers that included Senate Majority Leader Chuck Schumer, D-N.Y.

Republicans are united in their opposition to the Build Back Better Act, which they have labeled a reckless spending spree on programs that benefit Democratic donors and special interests to advance socialist policies.

The parliamentarian’s ruling was a decisive setback for including immigration reform in a social program bill that could be passed with a simple majority in both chambers and without Republican support.

Democrats concede a stand-alone immigration reform bill would be difficult to move through a divided Senate and overcome a 60-vote threshold to break a filibuster and pass the legislation.

Lujan said leaders were looking at ways the immigration proposals could remain in the Build Back Better bill.

“This is still on the table, and there’s still time to explore many of these options,” Lujan said.

Congressional Democrats from Nevada voiced disappointment Thursday with the Senate’s nonpartisan parliamentarian’s decision. Democratic Reps. Dina Titus, Susie Lee and Steven Horsford supported the immigration proposals in the House and urged the Senate to pass them.

Rep. Mark Amodei, R-Nev., has supported some immigration proposals in the past, but has joined Republicans in opposition to the Build Back Better Act over Democratic spending and tax policy and priorities.

Specifically, the provisions in the House-version of the bill would allow undocumented immigrants who arrived before 2010 to apply for two-year work permits and travel without fear of deportation. They would have to undergo background and security checks to be eligible.

Dreamers, undocumented immigrants brought here as children, could continue to work and serve in the military. Democrats have proposed providing them with a path to citizenship.

The ruling Thursday was the third time the Senate parliamentarian has ruled that the proposals were out of order and included in legislation under reconciliation rules to streamline the process of passage.

Contact Gary Martin at gmartin@express-news.net. Follow @garymartindc on Twitter.

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