Senate Parliamentarian Elizabeth MacDonough decided Sunday night that the provision fell outside the scope of what is allotted in a reconciliation bill – which cannot be filibustered, therefore needing the support of just a simple majority in the Senate.
"This ruling by the parliamentarian, is only a recommendation. @SenSchumer and the @WhiteHouse can and should ignore it," Omar stated. "We can’t miss this once in a lifetime opportunity to do the right thing."
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MacDonough announced that the provision was "a policy change that substantially outweighs the budgetary impact of that change," as it would change the immigration status of 8 million people. She further stated it would raise the deficit by an estimated $140 billion over 10 years.
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The parliamentarian further remarked that if a provision granting new immigration status to people could be done through reconciliation, so could a provision stripping such status.
"[P]permitting this provision in reconciliation would set a precedent that could be used to argue that rescinding any immigration status from anyone - not just those who obtain LPR status by virtue of this provision -- would be permissible because the policy of stripping status from any immigrant does not vastly outweigh whatever budgetary impact there might be," MacDonough stated.
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In her ruling, MacDonough noted the number of non-fiscal impacts that such a change would have, concluding that such a change in the law is a "tremendous and enduring policy change that dwarfs its budgetary impact" and is therefore inappropriate for a reconciliation bill.
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The White House took the parliamentarian’s ruling more seriously but proceeded to support efforts in the Senate to include an immigration measure in the bill.
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"The President has made very clear that he supports efforts by Congress to include a pathway to citizenship in the reconciliation package and is grateful to Congressional leadership for all of the work they are doing to make this a reality," remarked a White House spokesperson. "The Parliamentarian’s ruling is deeply disappointing but we fully expect our partners in the Senate to come back with alternative proposals for the Parliamentarian to consider."
Schumer announced he was "deeply disappointed" by MacDonough’s decision and stated, "Senate Democrats have prepared alternate proposals and will be holding additional meetings with the Senate parliamentarian in the coming days."
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