A group of House Democrats is urging the Senate to reconsider a pathway to citizenship as part of the Build Back Better Act. The Senate is expected to consider the $1.75 trillion budget bill in the coming weeks. The request includes elements of previously submitted legislation sent to the Senate parliamentarian that was rejected by that office.

The House version of the budget includes some elements of immigration access, including visa recapture and deportation relief. However, a pathway to citizenship is not included. The House request specifies citizenship consideration for Dreamers, Temporary Protection Status (TPS) holders, essential workers, and farmworkers.

A budget reconciliation procedure will be used by the Senate in considering the bill. This approach bypasses a filibuster and requires only a simple majority for passage. In the House, the bill was passed along party lines. Senate Republicans are not expected to support the bill as it stands. As such, Senate Democrats are expected to make some revisions prior to voting.

For the budget reconciliation approach, certain provisions are required to be met. In previous submissions, the Senate parliamentarian stated the submitted programs did not meet those requirements. Those determinations are acknowledged by House Democrats and suggest Senate Democrats overrule the parliamentarian on the Senate floor. The parliamentarian role is an appointed one, not an elected position.

ILBSG continues to monitor ongoing potential policy changes. If you have questions about how your immigration-related issue could be affected by this and other legislation, or any other immigration-related issue, contact us any time. We put our expertise and experience to work for you, to ensure you get the right advice.

Build Back Better Act U.S. citizenship