May 23, 2022

Volume XII, Number 143

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May 23, 2022

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Senate Advisor Rejects BBBA’s Provision on Work Authorization for Certain Unauthorized Aliens

Senate Parliamentarian Elizabeth MacDonough has ruled for a third time that specific immigration provisions in the Build Back Better Act (BBBA) granting parole and work authorization to unauthorized aliens who entered the United States before January 1, 2011, cannot be included in the reconciliation bill because the policy changes outweigh the budgetary impact.

Unless Senate Democrats overrule this advisory opinion, Section 60001 will be eliminated from the bill. This is a blow to proponents of Section 60001. They believe those individuals should be granted some sort of relief. They also argue the change would be a boost to the economy and provide needed relief to the current labor shortage.

The other immigration provisions in the House-passed version of the BBBA (to recapture unused immigrant visas and allow some long-waiting green card applicants to speed up their processes) were not addressed by MacDonough and so remained in place.

On MacDonough’s ruling, Senators Charles Schumer (D-N.Y.), Bob Menendez (D-N.J.), Alex Padilla (D-Calif.), Catherine Cortez Masto (D. Nev.), and Ben Ray Lujan (D-N.M.) issued the following statement:

" We strongly disagree with the Senate parliamentarian’s interpretation of our immigration proposal, and we will pursue every means to achieve a path to citizenship in the Build Back Better Act.

On the other side, Senator Charles Grassley (R-Iowa) stated:

" This guidance confirms, once again, what everyone already knew – that giving amnesty to millions of illegal immigrants isn’t a budgetary matter appropriate for reconciliation.

The Senate Democrats have the option of rejecting the parliamentarian’s advisory opinion. It is far from certain whether that, or even passage of the BBBA itself, will be successful.

Jackson Lewis P.C. © 2022National Law Review, Volume XI, Number 351
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About this Author

Associate

Jose M. Luna is an associate in the Boston, Massachusetts, office of Jackson Lewis P.C. whose practice focuses on business immigration matters. As a first-generation U.S. citizen, Jose understands the challenges and opportunities presented by the U.S. immigration system, guiding employers through the complex maze of regulations with the 20-20 hindsight of personal experience.

Prior to joining Jackson Lewis, Jose advised clients on a full range of matters at a boutique business immigration firm in Boston. He has worked with...

617-305-1217
Kristopher W. Peters Business Immigration Lawyer Jackson Lewis Law Firm
Associate

Kristopher Peters is an associate in the White Plains, New York, office of Jackson Lewis P.C. Focusing primarily on business immigration matters, Kris helps companies obtain sponsorship for their most important asset: their people. He takes a big picture approach to his client’s issues, making sure to understand their needs in the context of the larger business.

In today’s global environment there are numerous factors that go into identifying, hiring and retaining the best talent out there and the legal system is among them. Kris assists multi-national...

914-872-8009
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