The Senate Parliamentarian on 5/14/2026 Ruled that Several Elements of the Republicans’ Budget Reconciliation Package to Provide $70 Billion in Immigration Enforcement Funding, Failed to Comply with the Byrd Rule, and could Subject the Entire Package to a 60-Vote Threshold if Left in the Bill. The Ruling is a Setback for Senate Majority Leader John Thune (R-SD), who wants to Bring the Legislation to the Floor next Week, that will Require Republicans to Redraft or Drop some Provisions of the Package.
Democrats Hailed the Parliamentarian’s Ruling as a Big Win, though a Spokesperson for Thune Downplayed it as simply Requiring “technical fixes that were not unexpected. 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” Senate Budget Committee Ranking Member Jeff Merkley (D-OR) said in a Statement.
Merkley said Democrats “are prepared to continue fighting this bill.” The Pparliamentarian Ruled Against a Section of the Bill that would Allow Funds to be Used for the Initial Screenings of Unaccompanied Migrant Children. The Parliamentarian Ruled that the Legislation, as Drafted, Inappropriately Funded some Activities Outside the Senate Homeland Security Committee’s Jurisdiction.
The Parliamentarian also Ruled that the Provision Undermined Decades-Old Protections for Non-Citizen Children in the Trafficking Victims Protection Reauthorization Act (TVPRA), according to a Summary of the Ruling issued by Democrats on the Senate Budget Committee. She also Ruled that a Section of the Legislation that would provide Another $2.5 billion in Appropriations to Immigration-Related Provisions of the 2025 One Big Beautiful Bill Act’s Homeland Security Title Undermined the Flores Settlement Agreement and The Trafficking Victims Protection Reauthorization Act (TVPRA).
The Flores Agreement is a Binding Federal Consent Decree that establishes Standards for the Detention, Treatment and Release of Migrant Minors Who are Apprehended by Federal Immigration Officers. The Byrd Rule Prohibits Provisions that make Significant Policy Changes with Only Tangential Impacts on the Budget from being Allowed to Pass with Simple-Majority Votes through the Budget Reconciliation Process.
Senate Democratic Leader Chuck Schumer (NY) Declared the Parliamentarian’s Rulings had Dealt a Significant Setback to Senate Republicans. “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,” Schumer said.
Ryan Wrasse (R), a Spokesperson for Thune, said Democrats are Overblowing the Significance of the Rulings. “Despite what Budget Dems would like folks to believe, the sky is not falling. These are all technical fixes that were not unexpected. We look forward to continued productive work with the parts to fully fund Border Patrol and immigration enforcement,” He Posted on the Social Platform X.

NYC Wins When Everyone Can Vote! Michael H. Drucker


