Democrats seek Plan B after immigration blow

Democrats and immigration advocates are set to present a Plan B after the Senate parliamentarian added a Democratic proposal to pave the way for citizenship for millions.

Senate MP Elizabeth MacDonough, a former immigration lawyer, has shut down the possibility of granting 8 million people the right to apply for lawful permanent residence, determining in a notice on Sunday that he was breaking the rules Senate for the budget reconciliation package because it was a policy change that went well beyond the budget.

The decision is critical because, under Senate rules, filibuster cannot be used to block a reconciliation plan, meaning the policy changes included in the massive plan can become law if Democrats can. get 50 votes from their own caucus in the Senate.

While MacDonough’s ruling dismisses the possibility of an easy legalization process for specific subgroups of immigrants, advocates are confident their saving arguments will sway MacDonough.

“She gave her advice on one approach on including a path to citizenship in reconciliation, and I expect my colleagues and I to return to parliamentarian with other options in the coming days.” , said the senator. Bob menendezRobert (Bob) Menendez Democrats reject harsh tactics against Senate MP Biden threatening new sanctions against Ethiopia and Eritrea over the Tigray conflict. (DN.J.) said Monday during a call with reporters.

At the top of the list is a Congressional mandate for the executive to change the registration date for certain undocumented immigrants and beneficiaries of humanitarian parole programs, essentially implementing a statute of limitations for prior unauthorized entries. .

This method of legalization has the advantage of having been implemented successfully in the past, and it would not require changing the law. Instead, it would just update a deadline.

“Personally, I prefer to try to get the parliamentarian to agree to a change in the recording date because we are not changing the law, which was the essence of his argument which I read in his opinion,” said Menendez.

According to an analysis by FWD.us, changing the registration date to 2010 – allowing all migrants who have been in the country since that date to apply for residency – would make around 6.7 million people eligible for residency. permanent legal.

One of the reasons the registry approach was not Plan A is that it grants benefits to individuals based on their length of stay in the United States, rather than the immigrant subgroup to which they belong, which could mean “dreamers”, more recently arrived “dreamers”. Beneficiaries of the status and essential workers could be excluded from the status.

“The registration date should be a minimum of 2015, ideally I would say 2020, and especially with the essential workers who keep our country afloat. We’re not just talking about the farm workers, but the people who are helping to rebuild Louisiana right now after Hurricane Ida, the healthcare workers, the educators, ”said Marielena Hincapié, executive director of the National Immigration Law Center.

Another option would be a similar amendment to a provision in immigration and nationality law known as 245 (i), which allows a family member to apply for adjustment of a parent’s status. .

“The fact that the registry is a law that Congress has already passed, which is already on the books as well as 245 (i) – it’s arguably a much simpler change.” We are literally talking about a matter of a few words in the statue, changing the dates of these provisions from the package presented to the parliamentarian last time was a 17 page piece of legislation, ”said Greg Chen, political adviser to the American Immigration Lawyers Association. .

“It’s just a much simpler legislative change and arguably a much smaller impact on what’s already in the law.”

Still, some are confused how much progress such proposals will make with MacDonough, as his decision presented a wide range of arguments.

Advocates sharply criticized MacDonough’s document, which they said did not really respond to points made by Democrats in their argument.

“She has a different, almost different conversation, and instead it looks a lot more like a political decision than a decision on the merits, if it was a court decision,” Hincapié said. .

Some were hoping for more of a window into how MacDonough determined immigration policy did not have enough tax element on the budget to qualify for the reconciliation measure.

“Having said that the change in policy significantly outweighs the budgetary impact of that change, she never clearly explains how she assessed the magnitude of the impact of the policy – whether based on the number of people who might benefit or about policies that are changed. Her decision really doesn’t explain how she came to that fundamental conclusion, “Chen said.

But activists were encouraged by the speedy response from Senate Democrats to the decision, as key leaders, including Majority Leader Charles Schumer (DN.Y.) and Majority Whip Dick durbinDick Durbin Democrats raise the bar in risky debt ceiling fight Democrats reject harsh tactics against Senate MP Biden to raise refugee ceiling to 125,000 in October MORE (D-Ill.) Came out to say that MacDonough’s decision is not the end of the immigration debate.

“I think Schumer and Durbin are coming out of the gate very early and making it very clear that they have alternative options, that they are going to pursue those alternative options, is a very, very good sign,” said Jessica Morales Rocketto, director. executive of Care in Action, an advocacy group for domestic workers’ rights.

Still, there is tension between Senate Democrats and progressives, who see MacDonough’s overthrow as an opportunity to call again for Senate rule reform.

“This decision of the parliamentarian is only a recommendation. @SenSchumer and @WhiteHouse can and should ignore it. We cannot miss this unique opportunity to do the right thing, ”the representative tweeted. Ilhan OmarIlhan OmarDemocrats reject harsh tactics against Senate parliamentarian The Hill’s 12:30 p.m. report – Brought to you by Facebook – Pfizer deems COVID vaccine ‘safe’ for children 5 years and older Omar urges Biden and Schumer to ignore parliamentarian on immigration PLUS (D-Minn.).

While Menendez said he “understands [activists’] point of view and their passion “on whether to dismiss or ignore MacDonough, he said that” the parliamentarian under the rules of the Senate is the last word on what is and is not allowed under the rules ” .

The split could extend to the alliance between Senate Democrats and immigration advocates if Plan B fails to sway MacDonough.

“I want to be really clear. No one, no one can hide behind [MacDonough]Said Lorella Praeli, co-chair of Community Change Action.

“This year there are no brownie points to try. There are no participation trophies.