The Senate passed a measure Wednesday to cancel a Biden administration immigration rule that scaled back the number of benefits that would be counted against immigrants when applying for permanent residency in the United States.
Senators voted 50-47 to overturn the rule, with two Democrats joining all of the chamber’s Republicans to get the measure over the finish line.
BIDEN’S DEBT GAMES ARE ALL PLAYED OUT
GOP senators were able to force a floor vote using a congressional tool that rescinds recently finalized rules with a simple majority in both chambers. The disapproval resolution has been introduced in the House but has not been voted on yet.
The resolution of disapproval would nullify the Biden administration’s 455-page rule, which took effect in late December and allows applicants not to be penalized for their usage of non-cash public assistance programs, including the Supplemental Nutrition Assistance Program, Medicaid, or housing benefits.
“With the crisis raging at our southern border and the national debt over $31 trillion, it is fair and sensible to favor prospective new citizens who will not be reliant on government benefits,” Sen. Roger Marshall (R-KS) said in a press release when he introduced the resolution. “My legislation will ensure America welcomes self-sufficient new citizens who are ready to contribute, while reining in excessive spending.”
According to the rule, immigration officers would look at “the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense” in an effort to evaluate if a person would become a “public charge” who is ineligible to become a permanent resident.
The rule was an effort to undo a rule put in place by the Trump administration, which changed a policy in which immigration officials evaluated whether a visa seeker would become primarily dependent on the federal government. Former President Donald Trump widened the interpretation of the policy to include immigrants who have used various other government assistance programs.
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Senate Democrats only hold a 51-seat majority, including three independents who caucus with the party. Republicans only needed to peel off two lawmakers across the aisle to win a simple majority. Republicans moved forward with the vote knowing it could be a tough one for Democrats facing uphill reelection prospects in 2024. Sens. Joe Manchin (D-WV) and Jon Tester (D-MT) voted “yes” with all Republicans, while Sens. Kyrsten Sinema (I-AZ) and Sherrod Brown (D-OH), two other vulnerable senators, voted “no” with the majority of the Democrats.
The Biden administration has pushed back against criticism of the rule, emphasizing it ensures fair and humane treatment of immigrants. The White House said Wednesday that President Joe Biden will veto the resolution if it passes both chambers.
