This Issue: Senate Parliamentarian says 'NO' to Democrats' latest amnesty ploy; No ruling yet on green card increase

The Senate Parliamentarian ruled Thursday against the Democrats including their 'Plan C' amnesty in the Build Back Better Act.

Threats (detailed below) remain. But a huge thanks goes out to the thousands of NumbersUSA activists and concerned citizens across the country who have been contacting their U.S. Senators over the last several months to help deliver this victory!

The ruling from the Parliamentarian may not have been directly due to grassroots' pressure, but your months of daily contacts with Republicans helped lead to their Senate leadership making a united, forceful presentation to the Parliamentarian against the Plan C amnesty being included in the budget reconciliation process. And every Senate Republican objected to the three different amnesty proposals that the Senate Democrats presented. Had just one Republican wavered, it could have been a difficult result.

However, we're still not out of the woods.

THREAT #1: Senate Democrats overrule Parliamentarian

Following the Parliamentarian's ruling, pro-amnesty advocates immediately began a campaign to pressure Senate Democrats to overrule the decision.

"We have gone from the possibility of making permanent legalization and citizenship available to about 8 million Dreamers, TPS holders, and essential workers including farmworkers, to nothing. The parliamentarian's decisions on three separate proposals were wrong and the Senate should not let that stand," said Mike Fernandez, co-chair of the American Business Immigration Coalition.

Democratic Senator Joe Manchin of West Virginia, among others, has told reporters on several occasions that he would not vote to overrule the Parliamentarian. But several House Democrats have vowed to oppose the legislation unless it includes an amnesty for illegal aliens.

Additionally, Sens. Dick Durbin (D-Ill.) and Bob Menendez (D-N.J.) have hinted at Democrats presenting more amnesty options before the Parliamentarian.

THREAT #2: No ruling on green card increase

While the possibility of keeping the massive illegal alien amnesty out of the Build Back Better Act is a major step in the right direction, the House-passed version, H.R. 5376, also includes approximately 1 million additional green cards above annual numerical limits for foreign workers.

The House bill would recapture 600,000 supposedly "unused" green cards dating all the way back to 1992, allow approximately 350,000 temporary foreign workers to pay for a green card that won't count against annual numerical limits, and issue visa lottery green cards that were not issued due to travel restrictions put in place as a result of the COVID-19 pandemic.

Sen. Menendez has said that he won't support the extra green cards for businesses without the illegal alien amnesty being included in the Build Back Better legislation, but until we know for sure, we'll need to keep the pressure on Congress.

The 'Plan C' amnesty would grant work permits and legal status, called "parole," to approximately 7.9 million illegal aliens. But like the Democrats' two prior amnesty proposals, the Senate rules arbiter said the proposal would violate the Byrd rule. Since the Democrats are using the budget reconciliation process to pass the Build Back Better Act to avoid a filibuster from Senate Republicans, all provisions must follow the Byrd rule, which requires provisions to be primarily budgetary in matter.

Congress breaks for the holidays

Last night, Pres. Joe Biden publicly acknowledged that the Build Back Better legislation is stalled and Democrats won't meet Senate Majority Leader Chuck Schumer's deadline of passing the legislation before Christmas.

The House of Representatives has already left town for the holidays, and the Senate plans to follow after wrapping up some other business today. The Senate plans to return on Jan. 3, while the House will return on Jan. 10.

Once again, thanks to all of you who have taken action over the last several months and helped to deliver this victory. NumbersUSA President Roy Beck noted this morning:

"I want to assure all our members who have so faithfully been phoning their Democratic Senators that their efforts have surely helped us face the threats of the new year, even though not a single Senate Democrat has publicly expressed concern about the BBB amnesty proposals. The constant phoning of amnesty opposition to their offices has likely helped make several Democrats less likely to blow up Senate procedures to override the Parliamentarian, for example."

All of us at NumbersUSA wish you and your family a happy and safe Christmas and New Year!

Chris Chmielenski NumbersUSA Deputy Director