H.R. 6 includes provisions that would provide lawful permanent resident (LPR) status for aliens who have had or were eligible for temporary protected status (TPS) on Jan. 1, 2017. This would include aliens from Somalia, South Sudan, and Syria. TPS grants to aliens from these countries have not expired yet.

A single Republican can prevent a bill with TPS legalization provisions from being considered in the Senate with a point of order objection based on INA §1254a(h), which provides that it shall not be in order for the Senate to consider any bill that would grant lawful temporary or permanent resident status to any alien receiving TPS status.

This restriction can be waived, but that would require an affirmative vote of three-fifths of the senators. This means that if all 48 Democratic senators — as well as independent Sens. Bernie Sanders (Vt.) and Angus King (Maine) — were to vote to waive the restriction, they would still need ten votes from Republican senators.

They weren’t able to get 10 of the 211 Republicans in the House to vote for H.R. 6, and it is likely to be even more difficult for them to get 10 of the 50 Republicans in the Senate to vote for waiving the restriction.