WASHINGTON, DC - MAY 28: Senate Majority Leader Charles Schumer (D-NY) talks to reporters after the Senate voted against the formation of an independent commission to investigate the attack at the U.S. Capitol on May 28, 2021 in Washington, DC. The Senate failed to reach the 60 votes necessary to end debate on the legislation that would approve the formation of a 9/11-style commission to investigate the attack lead by Trump supporters on the Capitol to attempt to halt the certification of the 2020 presidential election. (Photo by Chip Somodevilla/Getty Images)

By Isabel van Brugen September 20, 2021 Updated: September 20, 2021

Senate parliamentarian Elizabeth MacDonough on Sunday ruled that Democrats can’t include in their $3.5 trillion spending bill a provision aimed to give millions of illegal immigrants a pathway to citizenship.

MacDonough in her guidance said that the Democrats’ provision is “by any standard a broad, new immigration policy,” and that it does not meet the stringent requirements of what can be included in the budget resolution.

“The policy changes of this proposal far outweigh the budgetary impact scored to it and it is not appropriate for inclusion in reconciliation,” she wrote, referring to a parliamentary procedure that allows certain budget bills to pass through the deliberative upper chamber with only a simple majority, bypassing a likely filibuster by opponents altogether.

First used by Congress in 1980, the process allows for expedited consideration of certain tax, spending, and debt-limit legislation. Ultimately, what is allowed under this process is up to MacDonough, whose job it is to protect independent due process.

Earlier this month, Democrats proposed to include in their plan immigration reform measures that would grant amnesty to four groups of nearly 8 million illegal immigrants—former President Barack Obama “Dreamers,” temporary protected status (TPS) holders, agricultural laborers, and essential workers, among others.

“Dreamers” entered the United States illegally as children and were granted amnesty under Obama’s controversial executive order Deferred Action for Childhood Arrivals (DACA).

In a statement, Senate Democratic Leader Chuck Schumer said Democrats were “deeply disappointed in this decision but the fight to provide lawful status for immigrants in budget reconciliation continues.”

Schumer added that Senate Democrats have prepared alternate proposals and hope to schedule additional meetings with MacDonough.

In a statement, Senate Republican Leader Mitch McConnell (R-Ky.) described Democrats’ provision as “inappropriate” and “radical,” adding that he is “glad it failed.”

“Senate rules never contemplated a majority circumventing the filibuster by pretending that sweeping and transformational new policies were mere budgetary changes. Tonight’s ruling confirms that principle,” he said.

“Democrats will not be able to stuff their most radical amnesty proposals into the reckless taxing and spending spree they are assembling behind closed doors,” McConnell added. “This just illustrates how radical Democrats’ aspirations are and how unmoored their far-left wish list has become from the procedures they want to use to ram it through.”

The Epoch Times has reached out to the White House for comment.

Joseph Lord contributed to this report.


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