B Stands for Budget Bill

Good afternoon,

The push for immigration reforms has lasted for decades, with lawmakers and presidents on both sides of the aisle striving to enact commonsense, humane immigration reforms through bipartisan compromise.

In recent weeks, many Democrats have proposed using a process called budget reconciliation to enact a pathway to lawful status for Dreamers, TPS holders and immigrants doing essential work in sectors like agriculture. The recent DACA decision from Judge Hanen in Texas, which ruled that the critical program is unlawful, has increased the urgency for congressional action for Dreamers in particular.

So, what is budget reconciliation? It is a process created by the Congressional Budget Act of 1974 to fast-track urgent legislation that pertains to government spending or revenue. While most legislation requires 60 votes to override a filibuster and pass in the Senate, the reconciliation process allows relevant legislation to pass with a simple majority. There are a number of rules limiting its use, but reconciliation has been used more and more frequently by both parties to pass priority legislation.

(For more details on this process, check out this explainer, courtesy of the Forum’s Policy and Advocacy team.)

How does immigration legislation meet the criteria for budget reconciliation? This is an important, unanswered question. Any legislation passed via reconciliation must directly affect government spending or revenue in accordance with the Byrd Rule. The Senate parliamentarian uses criteria outlined in the Byrd Rule to determine whether legislation is appropriate for the budget reconciliation process. This decision will basically hinge on how the parliamentarian believes that legalizing immigrants would affect the federal budget.

The reconciliation process has its pros and cons. If immigration reforms are passed via reconciliation, millions of immigrants will be provided with a pathway to citizenship and, in turn, stability and security. Moreover, our economy would benefit from increased tax revenue and the creation of jobs. On the other hand, we firmly believe that a bipartisan solution that reflects priorities and has buy-in from Republicans and Democrats, will be more durable over time.

Where this path leads continues to be uncertain, so if you’d like to learn more about budget reconciliation and this unique opportunity to advance better immigration policies, please tune into a live discussion this Thursday, 7/29 at 5:30 PM ET between the Forum’s President and CEO, Ali Noorani, and Bill Kristol, Director of Defending Democracy Together and former Chief of Staff to Vice President Dan Quayle. Click here to sign up for a reminder or to join the event live.

Stay healthy and hopeful,

Adam

Adam Estle
Vice President of Field and Constituencies
National Immigration Forum 

NEWS CLIPS TO NOTE:

WASHINGTON POST: Opinion: How Democrats can protect the immigrants on the pandemic’s front lines

NBC NEWS: Biden administration officials fear lifting Covid restrictions at border could trigger migrant surge

POLITICO: Hong Kong pro-democracy activists beg Congress for refugee status

REUTERS: Biden authorizes $100 million in emergency funds for Afghan refugees

NPR: Texas Begins Jailing Border Crossers On Trespassing Charges