Democrats' 'Plan B' on immigration in reconciliation bill rejected by Senate parliamentarian

WASHINGTON – President Joe Biden's immigration agenda suffered another blow Wednesday as the Senate parliamentarian rejected a plan that could have created a pathway to citizenship for millions of undocumented immigrants.

A Democratic Senate aide told USA TODAY that the parliamentarian rejected a proposal that would have included a date change to the immigration registry.

The immigration registry was created under the Registry Act of 1929, which created a process for immigrants to apply for a green card. Those who currently qualify for the registry must have maintained continuous presence in the United States and were of "good moral character" before January 1, 1972. Democrats presented a plan to the parliamentarian to change the immigration registry date to 2010.

According to FWD.US, 6.7 million people would be eligible for permanent residency if the registry date had been changed to 2010.

Democrats are not planning immediately to reconvene to discuss a "Plan C," the Senate aide said.

Live updates: Congress may take action today to avoid government shutdown

This is the second setback Democrats have faced in trying to include immigration in the reconciliation package.

Earlier this month, Senate Parliamentarian Elizabeth MacDonough rejected including a pathway to citizenship for Dreamers, farmworkers and essential workers in the reconciliation package.

When asked about the parliamentarian's ruling, White House Press Secretary Jen Psaki said members of Congress "have indicated that they are committed to getting immigration reform done."

Congress has struggled to pass immigration reform for decades, with the last major reform passed in 1986.

The last comprehensive bill, sponsored by a group of bipartisan senators, was brought up in 2013, where it passed in the Senate but died in the House.

Earlier this year, the House passed two bills that would provide a pathway to citizenship for Deferred Action for Childhood Arrivals (DACA), a program that allows undocumented people brought to the country as children to stay, and for farmworkers. Neither bill has been brought up by the Senate.

Psaki said that Congress will likely have to look at what other options are available to get immigration reform passed.

"We are committed to getting immigration reform done," she said. "This, I expect, would renew a look for what the vehicles and options may be.”

Immigration advocates expressed disappointment with the parliamentarian's decision, but many are still pressuring Democrats to include a pathway of citizenship for undocumented immigrants in the final bill.

"We call on our Democratic champions to explore every option, from a new plan to legalize millions to ways to sidestep the parliamentarian’s advisory opinion," Frank Sharry, executive director for America's Voice, said in a statement. "Democrats are in the majority. They have the power to get this done. We beseech them to use every ounce of their power to deliver on their promise.”

Bruna Sollod, communication's director for United We Dream, said that reconciliation is the top option for getting immigration reform passed, as Republicans aren't coming to the table to work on bipartisan legislation. Sollard, who is a DACA recipient, noted that she wants to see Democrats continue to include immigration in the reconciliation package regardless of the parliamentarian's rulings.

"The question right now is what's the Democratic Party?" she said. "Are they the party of citizenship or are they the party that will continue to deny citizenship for millions of immigrants?"

Reach Rebecca Morin at Twitter @RebeccaMorin_

This article originally appeared on USA TODAY: Reconciliation: Democrats' immigration plan rejected by parliamentarian