Senate parliamentarian rules against provisions

Senate Parliamentarian Elizabeth MacDonough ruled on May 15 that several provisions in Republicans’ immigration-enforcement reconciliation package do not comply with the Byrd Rule, according to Roll Call and The Hill. The decision hit a bill Republicans had been using to move roughly $70 billion in new immigration funding through the Senate with a simple majority rather than the chamber’s usual 60-vote threshold. GOP leaders now have to rewrite or drop the affected language if they want to preserve the bill’s fast-track status. Democrats said the ruling vindicated their challenge to the package, while Republicans described the changes as technical and expected. ### Which parts of the immigration package did the parliamentarian reject? The Hill reported on May 15 that MacDonough ruled against several elements of the package, including language allowing funds to be used for initial screenings of unaccompanied migrant children. The outlet said the parliamentarian found that the bill, as drafted, funded some activities outside the jurisdiction of the Senate Homeland Security Committee. The same report said MacDonough also ruled against a provision providing another $2.5 billion to immigration-related programs funded in the 2025 Homeland Security title of the “One Big Beautiful Bill Act.” Democrats on the Senate Budget Committee said the parliamentarian found that language undermined protections in the Trafficking Victims Protection Reauthorization Act and the Flores Settlement Agreement. (thehill.com) Politico reported on May 14 that “major pieces” of the party-line package did not comply with Senate rules, describing the decision as a setback for Republicans trying to clear the bill this month. ### Why does the Byrd Rule matter for this bill? The Byrd Rule governs what can be included in budget reconciliation, the procedure that lets the Senate pass certain fiscal measures with a simple majority. (thehill.com) The Hill said provisions that make significant policy changes with only tangential budget effects cannot stay in a reconciliation bill without risking a point of order that would force a 60-vote threshold. (politico.com) Roll Call reported that Republicans were trying to use reconciliation to advance what it described as “reconciliation 2.0,” a package to fund immigration enforcement by President Donald Trump’s June 1 deadline. If contested provisions remain in the bill, Republicans would lose the procedural advantage that makes reconciliation attractive in a closely divided Senate. ### How big is the package Republicans are trying to protect? (thehill.com) Roll Call reported on May 5 that the combined package carries about $71.7 billion in new spending. The Senate Judiciary Committee’s section totaled nearly $39.2 billion, while the Homeland Security and Governmental Affairs Committee’s section totaled $32.5 billion. That same Roll Call report said Immigration and Customs Enforcement would receive about $38.2 billion under the package, while Customs and Border Protection would receive a little more than $26 billion. (rollcall.com) The bill text also included $1 billion for Secret Service security upgrades tied to Trump’s White House ballroom project. Roll Call reported on April 23 that the Senate had already adopted the budget resolution needed to unlock the reconciliation process in a 50-48 vote. (rollcall.com) That resolution instructed the Senate Homeland Security and Judiciary committees to write legislation by May 15 providing up to $70 billion. ### What did Republicans and Democrats say after the ruling? (rollcall.com) Senate Majority Leader John Thune’s office downplayed the setback, according to The Hill, calling the required revisions “technical fixes that were not unexpected.” The outlet said the ruling still complicates Thune’s plan to bring the legislation to the floor next week. Senate Budget Committee ranking member Jeff Merkley, an Oregon Democrat, said in a statement reported by The Hill that Democrats had examined “every line” of the bill for Byrd Rule compliance and were prepared to keep fighting it. (rollcall.com) Senate Democratic Leader Chuck Schumer also said the rulings dealt a significant setback to Republicans’ effort. ### What happens next in the Senate? (thehill.com) Roll Call reported on May 15 that Republicans were expected to try to rewrite the legislation to cure the Byrd Rule problems or remove the affected provisions before a Homeland Security Committee markup next week. The same report said a second “Byrd bath” was expected Friday on the Judiciary Committee’s portion of the bill, including the Secret Service funding tied to the White House ballroom project. (thehill.com) The immediate next step is procedural, not final passage. Senate staff from both parties were continuing to argue over what can remain in the bill, and GOP leaders were still trying to keep the package on a reconciliation track ahead of Trump’s June 1 deadline, according to Roll Call. (rollcall.com)