Category Archives: December 2021

NILC Statement on the Senate Parliamentarian’s Advisory Opinion on Immigrant Protections in Build Back Better

FOR IMMEDIATE RELEASE
December 16, 2021

CONTACT
Email: [email protected]
Madison Allman, 202-384-1279
Emily Morris, 630-346-4936

NILC Statement on the Senate Parliamentarian’s Advisory Opinion on Immigrant Protections in Build Back Better

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund, issued the following statement after the Senate parliamentarian’s determination today to exclude immigrant protections from the Build Back Better Act:

“Tens of millions of people voted for President Biden and Congressional Democrats, many inspired by their promises to create a pathway to citizenship for millions of undocumented immigrants. In stark contrast, no one elected the Senate parliamentarian. The path before us could not be clearer. Senate Democrats must use their power under existing Senate rules to disregard the parliamentarian’s advisory opinion and enact the permanent protections immigrants have fought for and deserve. No more excuses, it’s time to deliver.”

Background on the procedural steps Senate Democrats can use to disregard the parliamentarian:   

  1. Senate Democrats include permanent protections and a pathway to citizenship for undocumented immigrants in their version of the Build Back Better Act;
  2. A Senator raises a point of order that including a pathway to citizenship in reconciliation violates the Byrd Rule;
  3. Either the Vice President, Senate President Pro Tempore or another presiding Senator rules that the legislative text does not violate the Byrd Rule;

  4. A Senator appeals the ruling of the chair, triggering a vote with a 60-vote threshold to strip the pathway to citizenship language from the bill. Only 41 votes would be required to sustain the ruling of the chair and keep a pathway to citizenship in the Build Back Better Act;
  5. Senate Democrats stay united and defeat all immigration-related amendments from Senate Republicans during Vote-a-Rama;

  6. All 50 Democrats and Vice President Harris vote to pass the Build Back Better Act in the Senate.  

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NILC Statement on the Restart of ‘Remain in Mexico’

FOR IMMEDIATE RELEASE
December 2, 2021

CONTACT
Juan Gastelum, [email protected], 213-375-3149

NILC Statement on the Restart of ‘Remain in Mexico’

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center (NILC), issued the following statement in response to the Biden administration’s announcement that it has reached agreement with Mexico and will restart the Migrant Protection Protocols, commonly known as “Remain in Mexico”:

“Since its creation, the Remain in Mexico policy has subjected tens of thousands of people to grave danger and violated their fundamental right to asylum in the United States. The Biden administration’s shameful regression in restarting this unlawful Trump policy flies in the face of its own determination that no number of changes could render this deadly policy more humane or provide the access to the asylum system that the law requires.

“The Biden administration must stop hiding behind a flawed court order to justify restarting Remain in Mexico. Instead, it should do what we’ve been saying for months– abandon its indefensible embrace of failed deterrence strategies like Remain in Mexico and the unlawful Title 42 expulsion policy and restore full access to asylum for those seeking safety and freedom. Now is the time for the Biden administration to discard misguided political calculus and instead lead with courage and humanity to do everything in its power to relegate Remain in Mexico to the past.”

In a letter sent to U.S. Attorney General Merrick Garland and the Department of Homeland Security Secretary Alejandro Mayorkas last month, NILC warned the administration that it could face further legal action upon restarting Remain in Mexico, as this policy violates a federal court injunction protecting the rights of Salvadorans seeking safety in the U.S., among other laws.

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