Featured Issue: Impact of the 2025 Congressional Budget Process on Immigration

In late February, the Senate and House each passed separate budget resolutions as part of the annual budgeting process. If Congress passes a final budget resolution, the stage would be set to pass a budget reconciliation bill that could provide more federal funding beyond the annual appropriations process. Reconciliation is a special process that only requires a simple majority to pass in the Senate (most bills require 60 votes to pass the Senate).

Under either of the proposed resolutions, the Senate and the House are directing their appropriations committees to spend enormously on immigration enforcement—$350 billion in the Senate and $200 billion in the House over the next 10 fiscal years. This money is expected to fund stricter border enforcement and mass deportations.

In addition to funding, there is the risk that harmful immigration policies could be passed during budget reconciliation because it requires only a simple majority. These policies could include expanding the public charge rule, significant restrictions on asylum, rethinking the refugee admissions process, and overhauling the legal immigration system.

The main limitation on what may be included in a reconciliation bill is the Byrd rule, which strikes policy matters from the bill when their passage would only affect the budget incidentally.

In 2021, the Senate Parliamentarian, who is generally the final word on Senate rules, decided that immigration provisions proposed by the Democratic majority violated this rule. AILA supported many of these proposals which included making work permits available for long-residing immigrants who are undocumented, reducing visa backlogs, and making unused visas accessible. The current Congress is expected to introduce immigration proposals that align with the President’s immigration agenda, hoping they will not be stricken from the final bill.

If proponents of the bill are able to avoid an objection under the Byrd rule (and other rules), there is a major risk that the Senate and House will pass a bill that advances the administration’s mass deportation agenda.

Note that the budget reconciliation process is distinct from the annual appropriations cycle.  When Congress cannot pass new appropriations bills, it extends the current spending bills by passing a short-term “continuing resolution” to avoid a government shutdown. For more information read AILA’s practice alert on what happens if the government shuts down.