Learn Everything You Need to Know About the Budget Reconciliation & Immigration

Budget Reconciliation Process: The Senate Parliamentarian & Senate Democrats

Reconciliation is a special tool used to make legislation easier to pass in the Senate. Unlike the normal legislative process, budget reconciliation is different from a typical bill. Instead of needing 60 votes, a reconciliation bill can pass with a bare majority of 50 votes, with Vice President Kamala Harris as the tiebreaker. 

The Senate Parliamentarian has heard arguments on all parties whether the immigration legislation should be included in the proposed $3.5 trillion packages. The Senate Democrats can now only hope that the Senate parliamentarian will offer a pathway to permanent residence. As a result, they might create a path to citizenship without Republican support. 

To pass a budget reconciliation bill, they only need to unite 50 Senators and a majority in the House. President Biden himself declared to support this process of immigration. Still, the Democrats’ strategy now depends on the Senate Parliamentarian Elizabeth MacDonough (former immigration lawyer), who will interpret the upper chamber’s rules. 

If you need an investor immigration lawyer, our law firm is here for you. To learn more about immigration to the United States or what the budget reconciliation immigration means for your case, reach out to us at 678.902.2999, or check our website for further news! 

Enjoy the benefit of an individual consultation by calling us today. Our immigration attorneys will analyze your case and provide you with the necessary steps towards your goal, and they will offer guidance throughout the process. Now, let’s get back to the recent news of budget reconciliation in the U.S.A.

Guide to Budget Reconciliation in the USA 

Using reconciliation to increase immigration has historically been in the plans of Senate Republicans. In 2005, they passed a bill through the reconciliation process that had increased employment-based immigration. At the time, they imposed a fee of $500 on immigrant visa petitions. 

If a budget calls for reconciliation, certain committees will have to change specific amounts of spending, revenues, deficits, or the debt limit. But how does the process of budget reconciliation work? Firstly, the House and the Senate will need to agree on a budget resolution. In this resolution, the lawmakers will lay out taxes, spending, and deficit targets for the upcoming years and provide further instructions to specific committees. 

There are five stages for the budget reconciliation process, as they are as follows:

1. The budget resolution will include reconciliation directives;
2. The Committees will develop and report of legislative language;
3. If the reconciliation measure is reported, it becomes available for consideration by the full chamber;
4. If any differences are present, they must be resolved before the reconciliation bill is sent to the President for the final stage of the process;
5. The President ultimately decides whether he signs the bill or not. However, if the President does not sign the bill but the Congress remains in session, the bill will become law without his signature.

On the other hand, if Congress has been postponed within ten days after the bill presentation, it will prevent the bill’s return to Congress. This might prevent the bill from obtaining legal status by withholding the President’s signature. 

Immigration Provisions in the Budget Resolution

On August 11, 2021, the U.S. Senate passed a $3.5 trillion budget after a 50 to 49 vote, the first stage of the budget reconciliation process. This allows the Congressional Democrats and the Biden administration to avoid a Senate filibuster.

The budget resolution allocates 107 billion to the Judiciary Committee, including:

• Lawful permanent status for qualified immigrants;
• Border management investments;
• Effective border security.

Could Immigration Bill Go Through Budget Reconciliation?

Democrats still hope for the immigration bill to go through budget reconciliation. They claim to have a real solution of including a pathway to citizenship for almost eight million undocumented immigrants. 

Some Democrats have prepared alternate proposals, including overruling the parliament or resuming bipartisan negotiations on narrow immigration policies.