Legal Scholars Ask to Include Immigration Resolution in Reconciliation

Legal scholar group asks Harris to set aside Senate Parliamentarian's opinion

Legal scholar group asks Harris to set aside Senate Parliamentarian’s opinion

A group of 92 legal scholars from across the US recently sent a letter to Vice President Kamala Harris, asking her to include the immigration resolution in the budget reconciliation process despite the Senate Parliamentarian’s ruling.

To understand the issue at hand, it is important to explain that Democratic leaders have introduced two proposals regarding the possibility of legalizing eligible undocumented foreigners to strengthen the economy, but the Senate Parliamentarian, who is a former immigration lawyer, rejected this immigration language both times, stating that it is not a budget issue.

The Biden administration is trying to promote this comprehensive immigration overhaul through the reconciliation process that would allow Democratic leaders to circumvent the Republican filibuster in the Senate by needing only 51 votes to pass the spending bill, which would include the immigration resolution.

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Why does the legal scholar group support immigration language in the budget package?

In their letter, the legal scholars explain that Harris, as Vice President of the US, is also by right and law the President of the Senate.

Therefore, under this role, Harris could decide to set aside the Senate Parliamentarian’s opinion and include the immigration resolution in the budget package, which would then be up to the Senate to decide, and, in fact, this is where Democratic leaders need to be unified.

They explain that opening a path to legal permanent residency for immigrants residing in the US undocumented is not only an immigration issue, but becomes a necessity to keep the economy afloat considering that millions of these foreigners are essential workers in all kinds of sectors.

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Right now, it’s all in Harris’ hands

Several experts have recently stated that, according to the US Constitution, the President of the Senate, in this case Kamala Harris, has the final say after certain rulings by the Senate Parliamentarian.

You may also be interested in: Does the Senate Parliamentarian’s Decision Really Affect Biden’s Immigration Plans?

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