Senate Democrats will meet with the parliamentarian on Friday to make their pitch for including a pathway to citizenship for some undocumented immigrants in their $3.5 trillion spending package, two sources familiar with the plans confirmed to The Hill.
Senate Democrats haven't unveiled their immigration language as they've continued to negotiate throughout a weeks-long summer break, but they want the sending plan to include a pathway to citizenship for at least "Dreamers," immigrants with Temporary Protected Status (TPS) and long-term agricultural workers.
Democrats are using the budget reconciliation rules to pass the $3.5 trillion spending plan through the Senate without GOP votes, bypassing the 60-vote legislative filibuster. That places tight restrictions on what can be included and requires Senate Parliamentarian Elizabeth MacDonough, a former immigration lawyer, to weigh in on whether it complies with the chamber's arcane rules.
One of the sources cautioned that Friday's meeting was likely the beginning of the process with the parliamentarian on the immigration language that Democrats are hoping to get into the bill.
Democrats are able to revise their language if MacDonough rejects the initial language, the source added.
It wouldn't be the first time MacDonough has ruled against priorities from both parties.
In 2017, she warned that a Senate GOP's plan for repealing ObamaCare didn't comply with the rules. And earlier this year, she warned Democrats that their $15 per hour minimum wage plan couldn't be passed under the budget process, resulting in it being stripped out of the bill in the Senate.
Democrats had hoped to be able to get a long-sought bipartisan deal on immigration reform. But bipartisan talks led by Senate Judiciary Committee Chairman Dick DurbinDick DurbinDemocrats face critical 72 hours Bipartisan lawmakers target judges' stock trading with new bill Manchin: Negotiators to miss Friday target for deal on reconciliation bill MORE (D-Ill.) have been slow-going and the party views reconciliation as their best shot for getting reform to Biden's desk.
Senate Majority Leader Charles SchumerChuck SchumerSenators weigh future of methane fee in spending bill Biden hopes for deal on economic agenda before Europe trip The Senate is setting a dangerous precedent with Iron Dome funding MORE (D-N.Y.) told House Democrats earlier this year that he was exploring if it was possible to include immigration under budget reconciliation.
Democrats believe their argument is strengthened by Congress passing legislation under the budget process in 2005 that included immigration changes. They've pointed to quotes from Republicans in 2005 supportive of using reconciliation to recapture employment-based visas.
"The Judiciary Committee decided to sweep all of the unused H-1B visas for the last few years and to use that as a means to satisfy the reconciliation instructions. ... It will keep jobs here in America rather than export them to places like India and China," Sen. John CornynJohn CornynBipartisan lawmakers target judges' stock trading with new bill Cornyn raises more than M for Senate GOP Is the Biden administration afraid of trade? MORE (R-Texas) said at the time.