WASHINGTON — Democrats’ efforts to include immigration relief in their sprawling social spending bill face an uncertain future amid divisions between party progressives and moderates over which policies should be included in the final package.
House Democrats are currently weighing a “registry” provision that would allow immigrants who have been in the country since 2010, and who have shown “good moral character,” to apply to become permanent residents. That version of the plan, however, has already been informally rejected by Senate Parliamentarian Elizabeth MacDonough, and moderate members are seeking to narrow it.
“We want to make sure that immigration reform is what can actually pass into law,” Rep. Stephanie Murphy, D-Fla., told reporters. “Anything short of what can clear the parliamentarian in the Senate process is promising false hope to immigrants and it’s cruel and unusual.”
In a letter Tuesday to Speaker Nancy Pelosi, Murphy, along with four other House moderates, said she won’t support the bill overall until she has time to review the final text and corresponding cost estimates that aren’t yet available.
Rep. Jerrold Nadler, D-N.Y., chairman of the Judiciary Committee that advanced the initial version of the immigration plan, acknowledged: “We’re looking for something that will pass muster with the parliamentarian.”
But progressive Democrats pushing to overrule the Senate parliamentarian’s advice insist the registry remains a viable option. Last week, dozens of progressive members said the Senate adviser’s ruling should be disregarded.
“Negotiations are continuing here,” Rep. Jesus “Chuy” Garcia, D-Ill., said on a press call Tuesday. “Registry is still in play. We are pressing hard for that and trying to figure out a way forward.”
Another possibility is a set of temporary protections from deportation and work authorization known as parole that would provide relief, but not green cards, to undocumented immigrants. Senators were preparing to pitch that plan to MacDonough this week.
House Democrats on Tuesday weighed a slimmed-down version of the parole provision that would restrict undocumented immigrants from accessing public benefits, including health care, but a House Democratic aide on Wednesday confirmed that benefits were still in the plan.
Four Democratic senators pushed for the inclusion of the benefits so the measure would be more likely to win approval under the Byrd rule, which limits reconciliation bills to provisions with a substantial impact on the nation’s budget, a Senate Democratic aide said.
“Our goal simply is that if you’re going to give parole, which is the least of all the options, that that parole should be full in nature — and we’ll see whether or not we can accomplish,” said Sen. Bob Menendez, D-N.J.
Immigration advocates question moderates’ rationale for narrowing the plan, given the parliamentarian’s opposition to prior versions.
“What is the logic that is driving the slimming down of a narrowing of the benefit and the number of people?” said Angelica Salas, executive director of Coalition for Humane Immigrant Rights. “It’s really important for us to question the logic around and how negotiations are moving forward.”
Patrice Lawrence, co-director of the UndocuBlack Network, blamed moderates’ hesitance on “not being clear on what the Senate is able to do and what the Senate is not able to do.” She maintained that Democrats have the authority to override the parliamentarian’s opinions.
Progressive Democrats have remained firm on demands that the bill be as expansive as possible, even if that involves overruling the parliamentarian. Rep. Lou Correa, D-Calif., one of three Latino Democrats threatening to vote against the bill if immigration provisions are not sufficiently broad, had little sympathy for moderates wary of taking a tough stance.
“It’s a fair issue, that this is a very difficult issue,” he said. “But we deal with difficult issues all the time — that’s why we get paid. I have been in tough situations, all of us have.”
Senate Majority Whip Richard J. Durbin, D-Ill., who has led his chamber’s effort to include immigration provisions in the reconciliation bill, acknowledged Tuesday that House lawmakers were working through some divisions between progressives and moderates.
He said he and Pelosi “went over the possibilities — and she’s got her hands full. I think she can do it. She’s masterful, but at this point, there’s some divisions within her caucus that she’s trying to work out.”
He also hinted similar divisions playing out in his own chamber.
“They have both liberals and moderates on the issue, and we have some of the same,” he said.
The stakes have never been higher for lawmakers and advocates who have spent years trying to overhaul the U.S. immigration system. The reconciliation bill could be the last big chance to provide relief to immigrants in years, particularly if Democrats lose their House and Senate majorities in next year’s midterms.
“We still think that’s an objective that is a very important one for our country,” House Majority Leader Steny H. Hoyer said Tuesday. “And if it is held to not be consistent with the reconciliation process then we’ll have to do it some other way because it needs to be done, we need to fix this immigration system.”
