To create a point of order against the consideration of any legislation that increases employment-based visas until the United States' labor market stabilizes a

On Feb 5, 2021, the Senate voted 40–60 on “On the Motion” (SCONRES 5). Result: Motion Rejected. By party: Republicans 40–10, Democrats 0–48, Independents 0–2. It was a split vote: the parties took opposite sides, with some members crossing over. 10 members voted against their own party.

During the 117th Congress (2021–2022), Joe Biden was president, and Democrats held the House majority and Republicans the Senate majority.

Result: Motion Rejected
Yes: 40
No: 60
Did not vote: 2
Date: Feb 5, 2021

By party

Republicans40 yes · 10 no · 1 didn’t vote
Democrats0 yes · 48 no · 1 didn’t vote
Independents0 yes · 2 no

Who broke with their party

Daniel Scott Sullivan R-AK voted no
Lisa Murkowski R-AK voted no
Rand Paul R-KY voted no
Susan Margaret Collins R-ME voted no
Benjamin Eric Sasse R-NE voted no
Debra (Deb) Fischer R-NE voted no
Patrick Joseph Toomey R-PA voted no
Lindsey O. Graham R-SC voted no
Tim Scott R-SC voted no
John Thune R-SD voted no

How each senator voted: Yes

How each senator voted: No

Did not vote

Kamala Devi Harris D-CA
Kelly Loeffler R-GA

Other votes

From Voteview roll call records.

Cite or embed this page

Capitol Receipts, “To create a point of order against the…: Senate Vote, Feb 5, 2021,” https://www.capitolreceipts.com/vote/117-S-41/to-create-a-point-of-order-against-the-consideration (accessed 2026-10-17).