Executive Amnesty Prevention Act

Summary: Executive Amnesty Prevention Act This bill prohibits the use of funds to implement specified memoranda from the President, the Secretary of Homeland Security, the Director of U.S. Immigration and Customs Enforcement (ICE), or other related memoranda.  No deposit in the Immigration Examinations Fee Account may be used to implement, administer, or enforce the policies in such memoranda.  Such memoranda or substantially similar policy changes are declared to have no statutory or constitutional basis and therefore no legal effect.  No funds or fees made available to the Secretary or to any federal official may be used to grant any federal benefit to any alien pursuant to any of such policy changes.  The Immigration and Nationality Act is amended to: (1) exclude from the definition of "unauthorized alien," with respect to employment, any alien otherwise admitted to and lawfully present in the United States; and (2) consider any alien without lawful status to be an unauthorized alien whose employment is unlawful.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Executive Amnesty Prevention Act''.

SEC. 2. PROHIBITION ON USE OF FUNDS.

    (a) In General.--No funds, resources, or fees made available to the 
Secretary of Homeland Security, or to any other official of a Federal 
agency, by any Act for any fiscal year, including any deposits into the 
``Immigration Examinations Fee Account'' established under section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may 
be used to implement, administer, enforce, or carry out (including 
through the issuance of any regulations) any of the policy changes set 
forth in the following memoranda (or any substantially similar policy 
changes issued or taken on or after the date of the enactment of this 
Act, whether set forth in memorandum, Executive order, regulation, 
directive, or by other action):
            (1) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Civil Immigration 
        Enforcement: Priorities for the Apprehension, Detention, and 
        Removal of Aliens'' dated March 2, 2011.
            (2) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Exercising Prosecutorial 
        Discretion Consistent with the Civil Immigration Enforcement 
        Priorities of the Agency for the Apprehension, Detention, and 
        Removal of Aliens'' dated June 17, 2011.
            (3) The memorandum from the Principal Legal Advisor of U.S. 
        Immigration and Customs Enforcement entitled ``Case-by-Case 
        Review of Incoming and Certain Pending Cases'' dated November 
        17, 2011.
            (4) The memorandum from the Secretary of Homeland Security 
        entitled ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children'' dated 
        June 15, 2012.
            (5) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Civil Immigration 
        Enforcement: Guidance on the Use of Detainers in the Federal, 
        State, Local, and Tribal Criminal Justice Systems'' dated 
        December 21, 2012.
            (6) The memorandum from the Secretary of Homeland Security 
        entitled ``Southern Border and Approaches Campaign'' dated 
        November 20, 2014.
            (7) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies for the Apprehension, Detention and Removal 
        of Undocumented Immigrants'' dated November 20, 2014.
            (8) The memorandum from the Secretary of Homeland Security 
        entitled ``Secure Communities'' dated November 20, 2014.
            (9) The memorandum from the Secretary of Homeland Security 
        entitled ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children and with 
        Respect to Certain Individuals Who Are the Parents of U.S. 
        Citizens or Permanent Residents'' dated November 20, 2014.
            (10) The memorandum from the Secretary of Homeland Security 
        entitled ``Expansion of the Provisional Waiver Program'' dated 
        November 20, 2014.
            (11) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies Supporting U.S. High-Skilled Businesses and 
        Workers'' dated November 20, 2014.
            (12) The memorandum from the Secretary of Homeland Security 
        entitled ``Families of U.S. Armed Forces Members and 
        Enlistees'' dated November 20, 2014.
            (13) The memorandum from the Secretary of Homeland Security 
        entitled ``Directive to Provide Consistency Regarding Advance 
        Parole'' dated November 20, 2014.
            (14) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies to Promote and Increase Access to U.S. 
        Citizenship'' dated November 20, 2014.
            (15) The memorandum from the President entitled 
        ``Modernizing and Streamlining the U.S. Immigrant Visa System 
        for the 21st Century'' dated November 21, 2014.
            (16) The memorandum from the President entitled ``Creating 
        Welcoming Communities and Fully Integrating Immigrants and 
        Refugees'' dated November 21, 2014.
    (b) No Legal Effect.--The memoranda referred to in subsection (a) 
(or any substantially similar policy changes issued or taken on or 
after the date of the enactment of this Act, whether set forth in 
memorandum, Executive order, regulation, directive, or by other action) 
have no statutory or constitutional basis and therefore have no legal 
effect.
    (c) Prohibition on Federal Benefits.--No funds or fees made 
available to the Secretary of Homeland Security, or to any other 
official of a Federal agency, by any Act for any fiscal year, including 
any deposits into the ``Immigration Examinations Fee Account'' 
established under section 286(m) of the Immigration and Nationality Act 
(8 U.S.C. 1356(m)), may be used to grant any Federal benefit to any 
alien pursuant to any of the policy changes set forth in the memoranda 
referred to in subsection (a) (or any substantially similar policy 
changes issued or taken on or after the date of the enactment of this 
Act, whether set forth in memorandum, Executive order, regulation, 
directive, or by other action).

SEC. 3. ADMISSION AND LAWFUL PRESENCE REQUIRED FOR EMPLOYMENT 
              AUTHORIZATION.

    Section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3)) is amended--
            (1) by inserting before ``authorized to be so employed by 
        this Act'' the following: ``an alien otherwise admitted to and 
        lawfully present in the United States, and''; and
            (2) by inserting at the end the following: ``An alien 
        without lawful status shall be considered to be an unauthorized 
        alien for purposes of this Act.''.

SEC. 4. CONFORMING AMENDMENTS.

    Section 286(n) of the Immigration and Nationality Act (8 U.S.C. 
1356(n)) is amended--
            (1) by striking ``(n) All'' and inserting ``(n)(1) Except 
        as provided in paragraph (2), all''; and
            (2) by adding at the end the following:
    ``(2) No deposit in the `Immigration Examinations Fee Account' may 
be used to implement, administer, carry out, or enforce the policies in 
any of the memoranda referred to in section 2(a) of the Executive 
Amnesty Prevention Act.''.