Immigration 101: The Senate Parliamentarian and Immigration

By Andrea Fatima Rojas

The Senate Parliamentarian has been entrance and middle within the battle for immigration reform in 2021. Whereas not publicly seen, she has performed a significant position in figuring out the way forward for 11 million undocumented immigrants residing within the U.S.. 

WHAT IS THE SENATE PARLIMENTARIAN?

The Senate Parliamentarian is a non-partisan, non-elected advisor to the Senate.  She supplies suggestions and solutions in regards to the chamber’s legislative guidelines, precedents, and practices. The primary duties of the Senate Parliamentarian are:

• Guarantee correct parliamentary procedures are adopted within the Senate
• Publish guidelines and precedents of the chamber to the general public
• Present written steerage to legislators on their legislative endeavors
• Interpret Senate guidelines and precedents on payments and committee proceedings
• Present non-binding, however authorized recommendation on payments and procedures primarily based on prior proceedings or Senate guidelines that the presiding Senator could settle for or ignore

The Senate Parliamentarian – or a consultant from the Workplace of the Senate Parliamentarian –  is current in any respect Senate conferences. Their providers are for all members of the Senate and obtainable earlier than or throughout conferences. 

The Home of Representatives additionally has a parliamentarian. He’s elected by the Senate Majority Chief. As of September 2020, the Home Parliamentarian is Jason Smith.  

WHO IS THE CURRENT SENATE PARLIAMENTARIAN?

Since 2012, Elizabeth MacDonough has been the Senate Parliamentarian. She is the primary girl to ever maintain the place since its creation in 1935. She acquired her Bachelor’s diploma in English from George Washington College, and attended Vermont Regulation College. She briefly served as an assistant district counsel for the usJustice Division earlier than changing into the senior assistant parliamentarian of the identical division in 1999. She held that place for 13 years earlier than her appointment because the Senate Parliamentarian in 2012 by then-Senate Majority chief Harry Reid. 

MacDonough has earned each reward and criticism from Republicans and Democrats throughout her tenure. In 2015, she emphasised price range guidelines that made it troublesome for Senate Republicans to repeal the Inexpensive Care Act,  an Obama-era well being care coverage. In February  2021, MacDonough dominated {that a} clause that might have raised minimal wage to $15 an hour couldn’t be included within the Democrats’ $1.9 trillion March stimulus bundle as she decided that the clause did observe strict reconciliation guidelines, which permits for almost all energy to cross with a 51-50 vote within the Senate.

HISTORY OF THE SENATE PARLIAMENTARIAN

The position was formally created in 1935, after Charles Watkins, the primary Senate parliamentarian, had been serving because the unofficial process advisor on the ground since 1923. The place was launched to help senators in following Senate procedures. Since its creation in 1935, there have been 6 completely different Senate parliamentarians with two people – Robert Dove and Alan Frumin – serving two separate tenures every. 

As we speak, the aim of the Senate Parliamentarian is to function a non-partisan determine that each events can depend upon for recommendation on procedures and laws as senators not have time to study Senate procedures because of packed schedules.

THE PARLIAMENTARIAN’S ROLE IN IMMIGRATION

The Senate Parliamentarian has the facility to determine what can and can’t be included in items of laws – together with immigration. Her resolution determines whether or not or not sure points have a possibility to advance within the legislative course of and be taken up for a vote. 

Because the place of the Senate Parliamentarian was created, immigration proposals have been introduced up for evaluate a number of instances. 4 of these instances, the Senate Parliamentarian has permitted and allowed immigration proposals to be included in price range reconciliation payments.  

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THE SENATE PARLIAMENTARIAN IN 2021

When Joe Biden and Democrats ran for workplace in 2020, they promised they might get immigration reform handed a technique or one other. Within the November 2020 election, voters elected Joe Biden as president and gave Democrats the bulk within the Home and within the Senate on the premise that they might ship. 

As anticipated, Republican members of Congress opposed any and all immigration laws proposals within the new administration, leaving Democrats to attempt to cross immigration reform by the price range reconciliation course of and by the hands of the Senate Parliamentarian as soon as once more. 

Usually, an immigration reform invoice within the Senate would wish 60 votes to cross; nonetheless, Democrats, by the reconciliation course of, would have the ability to cross an immigration reform inside a price range reconciliation bundle with a 51-50 vote within the Senate.

In September and October 2021, Senate Democrats offered the Senate Parliamentarian with two immigration proposals. And each instances, Senate Parliamentarian Elizabeth MacDonough rejected the completely different proposals. Her reasoning was that immigration reform has no place inside a price range reconciliation invoice. “Altering the regulation to clear the best way to (lawful everlasting resident) standing is great and enduring coverage change that dwarfs its budgetary impression,” she wrote in her ruling in opposition to the proposals. 

A 3rd immigration proposal is predicted to be launched to the Senate Parliamentarian in late October 2021. Senate Democrats have mentioned all choices are on the desk as they proceed to work with the Senate Parliamentarian to get immigration reform handed. 

 

Make sure you observe America’s Voice on Fb and Twitter for all the most recent developments on the Senate Parlimentarian’s resolution.