Several provisions in the Republicans' One Big Beautiful Bill Act violate the Senate's Byrd Rule, meaning they will be subject to needing to be passed by a 60-vote threshold if they remain in the legislation, according to the Senate Parliamentarian.
The provisions, dealing with immigration and other matters, are:
- A subparagraph limiting grant funding for sanctuary cities, where the Attorney General disagrees with state and local immigration enforcement.
- Language giving state and local officials the authority to arrest any noncitizen who is suspected of being in the United States unlawfully.
- A section limiting the ability of federal courts to issue preliminary injunctions or temporary restraining orders against the U.S. government by requiring potentially enormous bonds for litigants.
- Limitations on when the federal government can enforce or enter into settlement agreements that provide payments to third parties to remedy harm, fully compensate victims, and deter future violations.
The provisions are in the Senate Judiciary and Commerce Committees' jurisdiction.
The Parliamentarian has not yet provided guidance for the remaining provisions related to immigration under the Judiciary's title, but has provided guidance on language concerning an artificial intelligence provision under Commerce.
The advice from the Parliamentarian is based on whether a bill's provision conforms to the Byrd Rule and is appropriate for reconciliation, not the merits of a policy, the report said.
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
