How to Win Protections for Immigrants in Reconciliation

Nov 5, 2021

Senate Democrats have the power under existing rules to protect millions of immigrants. The Presiding Officer of the Senate — which typically is the Vice President, but could be the Senate President pro tempore or a designee — can rule that providing a pathway to citizenship in the reconciliation bill does not violate the Byrd Rule, despite the parliamentarian’s contrary and non-binding advice. While this is not an authority regularly invoked, this memo sets forth the compelling political reasons for why — and the pathway under existing procedural rules for how to do so.

No precedent in the Senate would stop Democrats from exercising the power to disregard the parliamentarian’s advisory opinion. The question before the Senate — whether a pathway to citizenship may be included in a reconciliation bill — must ultimately be adjudicated by members of the Senate, not the parliamentarian. On the specific question of the authority of the Presiding Officer to disregard the advice of the Parliamentarian, only 41 Senators are needed for the measure to succeed. But note: Once the measure succeeds, Democrats must remain united with a simple majority as Republicans try to amend the reconciliation bill.

Read More
The Latest
Health Insurance Enrollment for DACA Recipients is Here!

Health Insurance Enrollment for DACA Recipients is Here!

Isobel Mohyeddin

Nov 1, 2024 In May 2024, the Biden-Harris administration made the major announcement that DACA recipients...

Advocates Launch Awareness Campaign to Get Thousands of DACA Recipients Enrolled in ACA Health Coverage

Advocates Launch Awareness Campaign to Get Thousands of DACA Recipients Enrolled in ACA Health Coverage

Oct 30, 2024 The National Immigration Law Center (NILC), United We Dream (UWD), and Young Invincibles launched an online campaign to reach thousands of Deferred Action for Childhood Arrivals (DACA) recipients who will soon be eligible to purchase health...

Frequently Asked Questions: Affordable Care Act Eligibility for DACA Recipients

Frequently Asked Questions: Affordable Care Act Eligibility for DACA Recipients

Oct 28, 2024 DACA Recipients will soon be able to access health coverage through the Affordable Care Act. The National Immigration Law Center answers the most frequently asked questions.

State of Texas v. U.S. Department of Homeland Security

State of Texas v. U.S. Department of Homeland Security

Texas and other states sued the federal government to stop the Keeping Families Together Parole in Place policy, which allows eligible noncitizens to apply for work authorization and adjustment of status in the U.S. without having to leave the...

Last update: Oct 31, 2024