Sen. Ruben Gallego (D-Ariz.) is set to introduce three immigration-related amendments Tuesday during a Senate Homeland Security and Governmental Affairs Committee markup of the GOP's reconciliation package, which aims to fund federal immigration enforcement agencies.
Gallego, whose mother is Colombian and father Mexican, filed the proposals as the Senate races to finalize a budget bill that would provide funding for Immigration and Customs Enforcement (ICE) and Border Patrol. The two agencies have been operating without direct congressional appropriations since February 14, though the One Big Beautiful Bill Act signed by President Trump last July allocated $145 billion over four years for ICE and Customs and Border Protection, according to the National Immigration Forum.
The first amendment would direct $5 million to U.S. Citizenship and Immigration Services (USCIS) to adjudicate each renewal application for Deferred Action for Childhood Arrivals (DACA) status within 30 days of submission. DACA, created under the Obama administration, grants temporary work authorization to immigrants brought to the U.S. as children. As of September 2024, nearly 506,000 individuals held active DACA status, per USCIS data.
The second amendment would bar federal law enforcement from taking immigration enforcement actions against DACA recipients or migrants with pending renewal applications—unless they pose a national security threat, endanger public safety, or have been convicted of a violent crime.
The third proposal would prohibit federal agencies from using any funds in the reconciliation package to conduct immigration enforcement activities—whether routine or spontaneous—based solely on actual or perceived race, ethnicity, national origin, religion, or other constitutionally protected characteristics.
The amendments come as Republicans in the Senate scramble to assemble a reconciliation bill that can pass with a simple majority, bypassing the filibuster. But the path has been complicated: Senate Parliamentarian Elizabeth MacDonough ruled last week that several provisions in the package constitute major policy changes with only incidental budget impact, meaning they cannot be included under the Byrd Rule, which limits reconciliation to budget-related measures.
Senate Budget Committee Chairman Lindsey Graham (R-S.C.) has scheduled a markup of the reconciliation package for Wednesday. Meanwhile, the House and Senate are both aiming to leave for recess by the end of this week, adding urgency to the legislative push.
Gallego's proposals could face steep odds in a GOP-led committee, but they highlight the ongoing tension between enforcement-focused immigration policy and protections for long-standing programs like DACA. For context, the Trump administration's immigration enforcement tactics have drawn criticism; a recent Brookings report found that over 145,000 U.S. citizen children were separated from their parents during the previous administration's crackdown.
As the Senate parliamentarian continues to strip key funding provisions from the bill, Republicans are racing to keep the package intact. Gallego's amendments are unlikely to pass without significant GOP support, but they serve as a marker for Democrats seeking to safeguard immigrant communities amid the broader reconciliation debate.
