RIGHT SPEAK: Immigrants And Green Cards: Immigration In A Reconciliation Bill; Dems’ ‘Plan C’ for Amnesty Could Protect 7.1 Million ILLEGALS

Immigrants And Green Cards: Immigration In A Reconciliation Bill

Relief from deportation and green cards for those waiting in backlogs could be part of a reconciliation bill if the Senate parliamentarian agrees. The current state of play has confused analysts and lawmakers alike, not to mention those directly affected by what Congress might do on immigration.

Background: In September 2021, Democrats asked the Senate parliamentarian to review a package of reforms that would have granted lawful permanent residence to millions of individuals currently without legal status. The parliamentarian rejected those reforms as outside the scope of a reconciliation bill.

“Senate Parliamentarian Elizabeth MacDonough, a former immigration lawyer, shut down the possibility of granting 8 million people the right to apply for legal permanent residency, determining in a Sunday opinion that it did not meet the Senate's rules for the budget reconciliation package because it was a policy change that went well beyond the budget,” reported The Hill. “The decision is critical because under Senate rules the filibuster cannot be used to block a reconciliation package, meaning policy changes included in the massive package can become law if Democrats can secure 50 votes from their own caucus in the Senate. While MacDonough's ruling nixes the possibility of an easy legalization process for specific subgroups of immigrants, advocates are confident their backup pitches will sway MacDonough.”

The “backup pitch” to the parliamentarian was to change the registry date, an action that would have benefited people both in and out of legal status, such as Dreamers (individuals who came to America without legal status before age 18) and people in TPS (Temporary Protected Status). A report by FWD.us estimated that moving the registry date from January 1, 1972, to January 1, 2011, would permit approximately 6.7 million people to be eligible for permanent residence.

However, the registry option also did not work. On September 29, 2021, the Senate parliamentarian rejected Democrats including an update of the immigration registry date in a reconciliation bill. “The number of beneficiaries and score of this amendment…are largely the same as those of the earlier proposal which does not dramatically shift the balance of policy vs. score,” stated the parliamentarian, according to the Wall Street Journal. The parliamentarian added: “The change in status to [lawful permanent resident] remains a life-long change in circumstances, the value of which vastly outweighs its budgetary impact.” (Emphasis added.)

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AP Photo/Gregory Bull

Dems’ ‘Plan C’ for amnesty could protect 7.1 million illegal immigrants:

As Democrats search for a way to legalize illegal immigrants in their massive budget bill, a new analysis Tuesday says they could grant a tentative foothold to some 7.1 million immigrants through the use of “parole” powers.

Parole has been used to bring smaller groups of people into the country, including for tens of thousands of Afghan evacuees who were airlifted to the U.S. But Democrats are eyeing a mass parole that would cover a majority of immigrants who are in the country illegally.

The Center for American Progress, a liberal think tank, calculated that if parole were granted to anyone who made it into the U.S. before Jan. 1, 2011, it would cover 7.1 million immigrants.

Parole is not an automatic pathway to citizenship, so it falls short of the demands of immigrant-rights activists, but it is a tentative legal status that comes with the chance to get work permits and access to some taxpayer benefits, and often paves the way for future naturalization.