The Senate parliamentarian struck again Friday, rejecting a number of immigration-related fees included in the One Big, Beautiful Bill Act because they violated the Byrd Rule.
The rule, crafted by the late Sen. Robert Byrd, D-W.Va., in the mid-1980s, states that provisions in reconciliation budget legislation considered extraneous to fiscal matters require 60 votes to pass the Senate. The reconciliation package must undergo a "Byrd bath" to eliminate all provisions that the parliamentarian believes are more about making policy changes than adjusting the federal budget.
Elizabeth MacDonough, who has been the parliamentarian since 2012, rejected a mandatory $1,000 fee for asylum applications, a $100 fee on migrants who request a continuance in immigration court, and a provision to require the Department of Homeland Security to impose a $250 fee for applying to the diversity visa lottery and a $400 fee to process diversity visa applications, The Hill reported Friday.
She also advised against language to require a $5,000 bond to sponsor an unaccompanied child who fails to appear in immigration court, a bond that would be returned if the child does not receive an in-absentia removal order. She also rejected language expanding expedited removal procedures for migrants who are arrested of crimes — removal procedures that were beefed up earlier this year when Congress passed the Laken Riley Act.
It is the latest setback for Senate Republicans who are trying to pass the key legislation of President Donald Trump's second term this weekend and meet a July 4 deadline set by Trump for it to reach his desk for his signature.
Earlier this week, MacDonough reportedly removed several Medicaid-related provisions, such as altering how states can tax Medicaid providers, reducing the allowable state provider tax rate from 6% to 3% by 2031, barring Medicaid from covering gender transitions, and denying Medicaid coverage to illegal immigrants. She also voided a provision barring Supplemental Nutrition Assistance Program benefits for illegal immigrants and shifting some SNAP costs to states, as well as a measure restricting federal courts' power to issue nationwide injunctions.
Several Republicans have called on Majority Leader John Thune, R-S.D., to fire MacDonough, who was installed by former Majority Leader Harry Reid, D-Nev.
Rand Paul, R-Ky., told Newsmax on Tuesday he is among many who are worried that MacDonough's actions might be political. He said she gave Democrats wider latitude on reconciliation when they controlled the House, Senate, and presidency.
Sen. Tommy Tuberville, R-Ala., reportedly said Thursday it's long past the time to "fire" MacDonough, saying “her job is not to push a woke agenda” and that she should be removed “ASAP."
But Thune reportedly indicated Thursday he would not overrule MacDonough, saying “that would not be a good option for getting a bill done.” Politico reported that Republicans plan to rewrite the provisions MacDonough flagged in the hopes she will later approve them.
Although the parliamentarian is unelected and serves in an advisory role to the Senate’s presiding officer and can be overruled — or fired — members generally heed their guidance out of a bipartisan desire to preserve the filibuster for most legislation and to otherwise observe the Senate’s norms, Politico reported.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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