Senate Republicans Mull Disregarding Parliamentarian Guidance on Immigration "Byrd Bath"
Alarmed Democrats vow to retaliate if Thune thwarts the Byrd Rule's traditions and norms are broken to fund mass deportations in Trump's "One Big, Beautiful Bill"
WASHINGTON — Senate Republicans, led by Majority Leader John Thune, are at a crossroads over whether to heed Senate Parliamentarian Elizabeth MacDonough’s guidance on President Donald Trump’s ambitious “one big, beautiful bill” advancing through the budget reconciliation process. The decision could reshape Senate norms and determine the fate of Trump’s legislative agenda, which includes permanent tax cuts, border security enhancements, and energy policy reforms.
The budget reconciliation process, which allows legislation to pass with a simple majority and avoid a Democratic filibuster, is governed by strict rules, including the Byrd Rule, which MacDonough interprets. Her rulings will decide whether provisions in the bill—such as extending Trump’s 2017 tax cuts or immigration-related measures—comply with budgetary requirements. A key issue is whether Republicans can use a “current policy” baseline to score the tax cuts as not adding to the deficit, a move Democrats argue violates the 1985 Balanced Budget Act.
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Thune has signaled reluctance to ignore MacDonough, warning that doing so would be “akin to killing the filibuster.” In a January interview with Punchbowl News, he emphasized, “We can’t go there. People need to understand that.” However, pressure from Trump and House Republicans, who favor a single comprehensive bill, has intensified. A recent E&E News report noted Thune’s shift in strategy, suggesting Republicans might bypass MacDonough’s guidance regarding Biden-era waivers for fuel emissions in California.
Democrats expressed mixed concerns about Republicans ignoring MacDonough’s guidance. Sen. Chris Coons, D-Del., called it “a terrible break with the traditions and rules of the Senate,” while Sen. Brian Schatz, D-Hawaii, doubted Republicans have the votes, citing moderates like Sens. Thom Tillis, Susan Collins, and Lisa Murkowski. Sen. Ruben Gallego, D-Ariz., warned that if Republicans bypass the parliamentarian on immigration, Democrats would “remember that” when they regain power. Conversely, Sen. Jon Husted, R-Ohio, was less worried, stating, “I think it’s everyone’s desire to follow the ruling of the parliamentarian.”
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Republican Sen. Rick Scott, R-Fla., argued that border security funding fits reconciliation rules, while Sen. John Hoeven, R-N.D., suggested disputes over vote thresholds (51 or 60) could lead to a test vote. The senior GOP senator noted that the Senate’s budget resolution was crafted with flexibility to avoid conflicts with the House, but the reconciliation bill’s specifics remain uncertain.
MacDonough’s role as a nonpartisan arbiter has been pivotal in past reconciliation efforts. In 2021, she blocked Democratic attempts to include immigration relief provisions in a budget reconciliation bill, advising then Majority Leader Chuck Schumer that it violated the Byrd Rule. Her influence has sparked debate over the parliamentarian’s power, with some progressives in 2022 urging Democrats to disregard her advisement.
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Disregarding MacDonough would require a simple majority but risks fracturing Senate traditions. When Senate Majority Leader John Thune (R-SD) proposes a budget vote, the Senate Parliamentarian, Elisabeth MacDonough, may determine that certain provisions violate the Senate’s previously passed Rules Package, which sets strict guidelines for fund allocation. To bypass this, Thune could ask the presiding officer—a Republican senator rotating hourly—to ignore the Parliamentarian’s advice. Here’s how that would work:
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