On Sunday, Senate Parliamentarian Elizabeth MacDonough ruled that Democrats cannot include a pathway to citizenship for illegal immigrants in their $3.5 trillion reconciliation bill.
Democrats are trying to pass the spending bill through the budget reconciliation process, which would allow them to avoid a Senate filibuster and pass it with 50 votes.
The $3.5 trillion package includes social and climate programs and Democrats had sought to add plans for immigration, including a pathway to citizenship for multiple categories of illegal immigrants.
Democrats tried passing an immigration bill earlier this year but they were met with Republican opposition.
In order to overcome a filibuster in the Senate, Democrats would need 10 Republican votes, which is unlikely as many Republicans do not agree with the efforts to give thousands of immigrants legal status. It is argued that this will continue to negatively affect the crisis at the southern border.
MacDonough referenced the Congressional Budget Office which estimates that 8 million people would need to be given legal permanent residence under the program. This would increase the deficit by $140 billion over 10 years because of the expansion of the social safety net and benefits programs.
One category of immigrants is essential workers, which MacDonough noted has 18 major categories and more than 220 sub-categories of employment.
She said that the change would be a “tremendous and enduring policy change that dwarfs its budgetary impact”, and ruled it inappropriate for a reconciliation bill.
Senate Majority Leader Chuck Schumer said Democrats are disappointed in the decision but will continue their efforts.