05.14.26

Senate Parliamentarian Advises Byrd Rule Violations in Republicans’ ICE and Border Patrol Slush Fund Bill

WASHINGTON, D.C. – Today, the Senate Parliamentarian advised that provisions in the Homeland Security & Governmental Affairs Committee (HSGAC) title of the Republicans’ bill that would gift Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) nearly $70 billion in new spending would be subject to a 60-vote threshold if they remain in the bill.

“As Senate Democrats warned time and time again, we were prepared to look at every line of this bill to ensure it was compliant with the Byrd Rule and the rules of the reconciliation process. While we expect Republicans to continue to do anything Trump asks, this is a win for the rule of law and to ensure children in immigration detention are protected by existing laws” said Senate Budget Committee Ranking Member Jeff Merkley. “Democrats are prepared to continue fighting this bill, because we cannot afford to let Republicans waste our national treasure on a mission of chaos and corruption while turning a blind eye to the needs of the American people.”

“Senate Republicans’ reconciliation bill tells you exactly who they’re fighting for: Trump’s raids, Trump’s violent ICE agents, and Trump’s gilded ballroom — not working families. Democrats promised to fight this bill tooth and nail, and on Day One, we forced Republicans back on their heels. They’re already scrambling to rewrite key pieces of their plan,” said Leader Schumer. “But this fight is just getting started. Democrats will keep fighting in the Byrd Bath and on the Senate floor — forcing Republicans over and over to defend their real priority: Trump’s palace over your paycheck.”

Provisions Subject to a 60-Vote Byrd Rule Point of Order

Sections Appropriating to the U.S. Customs and Border Protection (Sections 1, 3(a)(5))

These sections aim to fully replace bipartisan appropriations to CBP. As drafted, the text inappropriately funds activities outside of HSGAC’s jurisdiction.

Border Security, Technology, and Screening (Section 3(a)(6))

This subsection allows funds to be used for the initial screenings of unaccompanied alien children. As drafted, it undermines decades-old protections for noncitizen children in the Trafficking Victims Protection Reauthorization Act, as evidenced by the Trump Administration’s implementation of the One Big, Beautiful Bill (OBBBA).

Additional Department of Homeland Security Appropriations (Section 4)

This section provides another $2.5 billion in appropriations to the immigration provisions in the OBBBA’s HSGAC title. The provision undermines the Flores Settlement Agreement and the Trafficking Victims Protection Reauthorization Act, decades-old legal protections for noncitizen children screened, processed, and detained by the United States, as evidenced by the Trump Administration’s implementation of OBBBA.

Also, OBBBA has been used to circumvent the appropriations process and fund agencies outside HSGAC’s jurisdiction.

The Parliamentarian’s advice is based on whether a provision is appropriate for reconciliation and conforms to the limitations of the Byrd Rule; it is not a judgement on the relative merits of a particular policy.

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