This Issue: Fate of Build Back Better Amnesty still unknown as Senate Democrats weigh overruling the Parliamentarian

There's still no word from the Senate Parliamentarian as to whether the immigration provisions that Congressional Democrats want to include in the Build Back Better Act, H.R. 5376, violate long established Senate rules.

As a reminder, Democrats hope to pass H.R. 5376 by using the budget reconciliation process to avoid a filibuster from Senate Republicans.

In addition to a number of Pres. Biden's priorities, the House-passed bill includes work permits and legal status, called "parole," for more than 7 million illegal aliens. The bill also includes 1 million new green cards above annual numerical limits.

Last week, Senate Leaders from both sides of the aisle argued their case before the Senate Parliamentarian as to why the amnesty is consistent, or inconsistent, with the Senate Byrd rule. The Byrd rule requires all provisions included in a budget reconciliation package be primarily budgetary in nature. Senate Republicans have been united in arguing against including the amnesty in the bill.

Senate Democrats have yet to present the green card provisions to the Parliamentarian for her consideration. A decision on the amnesty could come as soon as today.

TO BUCK THE PARLIAMENTARIAN, OR NOT TO BUCK?

Should the Senate Parliamentarian rule that the immigration provisions violate the Byrd rule, we still won't be safe from what could be the largest illegal alien amnesty in U.S. history.

Earlier this week, Sen. Dick Durbin (D-Ill.), who chairs the Senate Judiciary Committee with jurisdiction over immigration, said that he would vote in favor of overruling the Parliamentarian's ruling. The Los Angeles Times reported:

Senate Majority Whip Richard J. Durbin (D-Ill.), a longtime proponent of immigration reform, said he would support overruling the parliamentarian if she rules against their latest proposal.

"I'd vote for that," Durbin said in a brief interview. "I hope it doesn't come to that."

But Sen. Joe Manchin (D-W.Va.), who is the key vote on the overall Build Back Better package, said on Wednesday that he'll respect the Parliamentarian's ruling.

"The bottom line is the parliamentarian. You stick with the parliamentarian, that's all," he said. "You stick on every issue. You can't pick and choose."

The bottom line is that until Build Back Better passes both chambers of Congress without the bad immigration provisions, or in the incredibly unlikely event that Democrats give up on the legislation altogether, we must keep the pressure on Congressional Democrats to oppose the mass amnesty and additional green cards.

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Chris Chmielenski NumbersUSA Deputy Director