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;

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