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The Reconciliation process, which allows the approval of a tax law with a simple majority in both houses of Congress, is presented these days as the safest strategy for millions of immigrants to obtain a path to citizenship after decades of waiting.
The idea gained relevance this week after the senator Democrat, Bob Menendez (New Jersey), the highest ranking Latino in the Senate, will advance to the MSNBC network that the great social package of the infrastructure plan promoted by President Joe Biden contains funds by $ 800, 000 millions of dollars for immigration.
These funds, according to Menéndez, “open the possibility of an immigration reform of some degree”, which could be approved using the reconc alliance, without having to count on the support of the Republicans.
This process would allow the plan to be approved with only 51 votes in the Senate , where currently two draft legalization of immigrants approved last March in the House of Representatives.
No obstructions
Created by the Congressional Budget Act of –
In the Senate, bills seeking approval through reconciliation are not subject to obstruction tactics because it limits debate on the bill to 20 hours, and does not allow Senators act as “filibusters.”
To this it is added that the amendments that can be made to the projects that use this legislative formula are limited, which gives the proposals real advantages to become law.
How much has been used?
The reconciliation process has been used by almost all governments since its creation, for economic matters . Since 1980 more than 20 budget reconciliation bills.
The administration of President Joe Biden already used this process last March in obtaining approval of its stimulus package for the American Rescue Plan (ARP).
For its part, the government of the president Donald Trump (2017 – 2021), used this procedure in December of 2017 to achieve the enactment of a law that allowed large tax cuts.
Reconciliation was also used by the Democrats and the government of Barack Obama (2003 – 2017) to move forward the approval in 2010 of the Affordable Care Act (ACA), better known as Obamacare.
It was also used by that government to modify the federal student loan program.
On 2001 and 2003 the administration of the president George Bush (2001 – 2009) used reconciliation to make large tax cuts .
Meanwhile, the government of Bill Clinton and the Democratic party opted for reconciliation to achieve the approval of the social assistance law known as the Welfare Reform Act of 1996.
Of action limited
However, this tool has not managed to carry out all the bills that are have apo been this way. Congress has approved four measures under reconciliation over time, but the president in turn vetoed the measures.
Even the strategy can fail when it comes to the vote, especially in the Senate. One example was the Republican fiasco in August 2017, when they used reconciliation to try to repeal Obamacare.
So the target of the Conservatives and Trump fell apart when the Senator John McCain voted against.
A lesson Democrats should take into account It counts if they really want to approve the infrastructure social spending project.
Democrats have just 50 seats and they cannot afford to lose even one vote, so the challenge is to unite the most progressive and moderate wing of the party.
The Byrd rule
Added to this challenge in the Senate is the Byrd Rule, which allows senators to block provisions that are alien to the basic purpose of reconciliation to implement budget changes. starios. It also takes care that the projects that go through conciliation do not aggravate or increase the deficit.
The application of this rule is in the hands of the “parliamentary figure ”Of the Senate, position he has held since 2012 Elizabeth MacDonough.
MacDonough plays the role of a judge who listens to the arguments of both parties and then considers them and makes a decision.
Last February, the Byrd Rule was enforced and MacDonough blocked the increase in the federal minimum wage that was included in Biden’s stimulus package, forcing to withdraw the clause for the project to advance.
Surely, the answer to legalize a group of undocumented persons included in the reconciliation will have to face the attempted challenge, and MacDonough will have to make a decision on whether the policy can remain, or should be terminated.
On His hands will be a radical change in the lives of up to ten million people, depending on the groups that may benefit from this Democratic strategy, something that is still unknown.