Senate Parliamentarian Rejects Democrats’ Immigration Provisions—for the Third Time

In late 2021, Senate Parliamentarian Elizabeth MacDonough rejected Democrats’ latest attempt to fit immigration measures into a budget reconciliation bill. This marked the third such ruling that year. The parliamentarian concluded the proposals were major policy changes. This rule limits reconciliation to provisions primarily affecting federal spending or revenues.

What got rejected?
“Plan B” pivoted to updating the immigration registry date to allow long-residing noncitizens to apply for permanent residence. The final try—“Plan C”—would have granted parole/work authorization without a green card track. All three were nixed under the Byrd Rule analysis.

Why it matters
Reconciliation was the only realistic route to pass immigration relief with 50 votes, bypassing a filibuster. The rulings forced Democrats to look beyond reconciliation or to secure 60 votes—a high bar in a polarized Senate.

Practical takeaways for immigrants and employers

• No new broad legalization emerged from the 2021 budget push. These include family or employment sponsorship, DACA (as litigation allows), TPS, humanitarian visas (U/T/VAWA), asylum, or parole through discrete programs.
• Work authorization: Without registry or mass parole, many remain dependent on current EAD categories and renewals. It is crucial to track deadlines to avoid lapses.
• Litigation & executive action: Court challenges and agency policy tweaks can change processing or protections at the margins.

Strategy if you were hoping for reconciliation relief

• Screen every option now: EB-2 NIW, O-1, cap-exempt H-1B, marriage-based routes, or family petitions with provisional waivers.
• For long-term residents: Keep taxes, community ties, and clean records documented.
• Advocacy: Targeted reforms often start with narrow coalitions. Community organizations track smaller bills that can move outside reconciliation.

Bottom line: The parliamentarian’s third rejection closed the door on reconciliation-based immigration relief in 2021. This pushed meaningful reform back into the realm of 60-vote legislation or incremental executive policies.