H.R. 5759 — what changed

Preventing Executive Overreach on Immigration Act of 2014

From Introduced in House to Engrossed in House. 2 sections amended and 1 added between Introduced in House and Engrossed in House.

Section 1 Short title

changed This Act may be cited as the “Executive Amnesty Prevention “Preventing Executive Overreach on Immigration Act of 2014”.

Sec. 2 Findings

added The Congress finds as follows:

(a)

removed In general— No provision of the United States Constitution, the Immigration and Nationality Act, or other Federal law shall be interpreted or applied to authorize the executive branch of the Government to exempt, by Executive order, regulation, or any other means, categories of persons unlawfully present in the United States from removal under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act). Any action by the executive branch with the purpose of circumventing the objectives of this statute shall be null and void and without legal effect.

(1)

changed Effective date— This Act shall have effect retroactively, Under article I, section 8, of the Constitution, the Congress has the power to “establish an uniform Rule of Naturalization”. As the Supreme Court found in Galvan v. Press, “that the formulation of * * * policies [pertaining to the entry of aliens and shall apply their right to any such exemption made at remain here] is entrusted exclusively to Congress has become about as firmly imbedded in the legislative and judicial tissues of our body politic as any time.aspect of our government”.

(2)

added Under article II, section 3, of the Constitution, the President is required to “take Care that the Laws be faithfully executed”.

(3)

added Historically, executive branch officials have legitimately exercised their prosecutorial discretion through their constitutional power over foreign affairs to permit individuals or narrow groups of noncitizens to remain in the United States temporarily due to extraordinary circumstances in their country of origin that pose an imminent threat to the individuals’ life or physical safety.

(4)

added Prosecutorial discretion generally ought to be applied on a case-by-case basis and not to whole categories of persons.

(5)

added President Obama himself has stated at least 22 times in the past that he can’t ignore existing immigration law or create his own immigration law.

(6)

added President Obama’s grant of deferred action to more than 4,000,000 unlawfully present aliens, as directed in a November 20, 2014, memorandum issued by Secretary of Homeland Security Jeh Charles Johnson, is without any constitutional or statutory basis.

Sec. 3 Rule of construction

added

(a)

added In general— Notwithstanding any other law, the executive branch of the Government shall not—

(1)

added exempt or defer, by Executive order, regulation, or any other means, categories of aliens considered under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to be unlawfully present in the United States from removal under such laws;

(2)

added treat such aliens as if they were lawfully present or had a lawful immigration status; or

(3)

added treat such aliens other than as unauthorized aliens (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).

(b)

added Exceptions— Subsection (a) shall apply except—

(1)

added to the extent prohibited by the Constitution;

(2)

added upon the request of Federal, State, or local law enforcement agencies, for purposes of maintaining aliens in the United States to be tried for crimes or to be witnesses at trial; or

(3)

added for humanitarian purposes where the aliens are at imminent risk of serious bodily harm or death.

(c)

added Effect of executive action— Any action by the executive branch with the purpose of circumventing the objectives of this section shall be null and void and without legal effect.

(d)

added Effective date— This section shall take effect as if enacted on November 20, 2014, and shall apply to requests (regardless of whether the request is original or for reopening of a previously denied request) submitted on or after such date for—

(1)

added work authorization; or

(2)

added exemption from, or deferral of, removal.