The Senate parliamentarian ruled late Thursday that some parts of the $72 billion reconciliation bill that Republicans plan to use to fund Immigration and Customs Enforcement and the Border Patrol violate the chamber's rules.
The ruling by the parliamentarian, Elizabeth MacDonough, is a setback for Republicans, who will have to redraft some provisions of the package, which they hope to pass on a party-line vote next week.
A spokesperson for Senate Majority Leader John Thune brushed off the ruling, saying that it simply means that Republicans need to make some "technical fixes that were not unexpected." Democrats, though, welcomed the decision.
"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," Sen. Jeff Merkley, the senior Democrat on the Budget Committee, said in a statement, referring to the rule that forbids non-budgetary items from being included in reconciliation bills. "While we expect Republicans to continue to do anything Trump asks, this is a win for the rule of law ..."
Senate Minority Leader Chuck Schumer hailing the rulings as a win. "Democrats promised to fight this bill tooth and nail, and on Day One, we forced Republicans back on their heels," he said.
The ruling: The current draft of the reconciliation bill, which Republicans plan to pass with a simple majority, would provide funds for the screening of unaccompanied migrant children by U.S. immigration agents. The parliamentarian ruled that funding for those activities falls outside the jurisdiction of the Senate Homeland Security Committee.
In addition, the parliamentarian ruled against a provision that would provide another $2.5 billion for immigration enforcement programs funded by the massive reconciliation bill that passed last summer.
What comes next: Republicans are already reworking the legislation, but more rulings could be on the way. MacDonough was set to hear more arguments about parts of the bill Friday, potentially including the $1 billion Republicans want to give to the Secret Service for security on President Trump's $400 million ballroom.