Analyst Brief April 23, 2026

S. CON.RES. 33 — Setting forth the congressional budget for the United States Government for fiscal year 2026 and setting forth the appropriate budgetary levels for fiscal years 2027 through 2035.

Current Status

Passed the Senate

Executive Summary

This concurrent resolution establishes the congressional budget for fiscal year 2026 and sets budgetary levels through FY 2035. Crucially, it includes reconciliation instructions directing the Homeland Security and Judiciary committees in both chambers to draft legislation increasing the deficit by up to $70 billion each, paving the way for a filibuster-proof border security and immigration enforcement package. The resolution also establishes deficit-neutral reserve funds specifically targeting the deportation of undocumented immigrants with criminal convictions and supporting the President's 'Operation Metro Surge'.

Bill Data

Primary Sponsor

Not specified in text

Bill Number

S. CON. RES. 33

Session

119th

Co-Sponsors

None
View on Congress.gov ↗

Arguments For

  • Strategic Vehicle: Unlocks the reconciliation process, allowing the majority to bypass the Senate filibuster to enact sweeping border security and immigration enforcement legislation.
  • Base Mobilization: Provides a powerful messaging vehicle for the majority's base by explicitly prioritizing the deportation of undocumented immigrants with criminal records and funding 'Operation Metro Surge'.
  • Fiscal Framework: Establishes a 10-year fiscal framework that aligns with the majority party's macroeconomic and spending priorities.

Likely Supporters

RepublicansBorder security advocacy groupsConservative immigration reform organizationsLaw enforcement unions

Arguments Against

  • Byrd Rule Vulnerability: Using reconciliation for immigration policy will face severe Byrd Rule challenges in the Senate, risking the removal of core policy provisions if they are deemed 'merely incidental' to the budget.
  • Intra-party Friction: Authorizing up to $140 billion in deficit increases across the instructed committees may alienate fiscal hawks within the majority's own coalition.
  • Fierce Opposition: Will face unified opposition from Democrats and immigrant advocacy groups who will frame the 'Operation Metro Surge' and deportation provisions as draconian.

Likely Opponents

DemocratsImmigrant rights organizationsCivil liberties groups (e.g., ACLU)Progressive advocacy groups

📋 Key Provisions

  • Establishes top-line federal revenues, new budget authority, outlays, deficits, and debt levels for FY 2026 through FY 2035.
  • Provides reconciliation instructions to the House and Senate Committees on Homeland Security and the Judiciary, allowing each to increase the deficit by up to $70 billion over ten years.
  • Creates a deficit-neutral reserve fund to support immigration enforcement and border security policy changes following 'Operation Metro Surge'.
  • Creates a deficit-neutral reserve fund for the apprehension, mandatory detention, and expedited deportation of adult illegal aliens convicted of specific violent crimes.
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Claim Analysis Page 44, Line 23

Instructs the House Homeland Security Committee to submit changes increasing the deficit by up to $70 billion.

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"increase the deficit by not more than $70,000,000,000"

Claim Analysis Page 48, Line 19

Establishes a reserve fund for reforms following Operation Metro Surge.

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"FOLLOWING OPERATION METRO SURGE."

Claim Analysis Page 49, Line 13

Creates a reserve fund for deporting illegal aliens convicted of specific crimes.

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"RAPE, MURDER, OR SEXUAL ABUSE OF A MINOR"

Claim Analysis Page 2, Line 12

Sets the recommended level of Federal revenues for FY 2026 at over $4.2 trillion.

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"Fiscal year 2026: $4,242,825,000,000."