I 

114TH CONGRESS 

1ST SESSION H. R. 38 

To prohibit the executive branch from exempting from removal categories 

of aliens considered under the immigration laws to be unlawfully present 

in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2015 

Mr. YOHO (for himself, Mr. PITTENGER, Mr. COOK, Mr. HARRIS, Mr. DUNCAN of Tennessee, Mr. ROE of Tennessee, Mr. NUGENT, Mr. ROHRABACHER, Mr. OLSON, Mr. FORBES, Ms. JENKINS of Kansas, Mr. 

YODER, Mr. MCCAUL, Mr. BARLETTA, Mr. MCCLINTOCK, Mr. PALAZZO, 

and Mr. JOLLY) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To prohibit the executive branch from exempting from removal categories of aliens considered under the immigration laws to be unlawfully present in the United States, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Executive 

5 Overreach on Immigration Act of 2015’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 38 IH

1 SEC. 2. FINDINGS. 

2 The Congress finds as follows: 

3 (1) Under article I, section 8, of the Constitu4 tion, the Congress has the power to ‘‘establish an 

5 uniform Rule of Naturalization’’. As the Supreme 

6 Court found in Galvan v. Press, ‘‘that the formula7 tion of . . . policies [pertaining to the entry of aliens 

8 and their right to remain here] is entrusted exclu9 sively to Congress has become about as firmly 

10 imbedded in the legislative and judicial tissues of our 

11 body politic as any aspect of our government’’. 

12 (2) Under article II, section 3, of the Constitu13 tion, the President is required to ‘‘take Care that 

14 the Laws be faithfully executed’’. 

15 (3) Historically, executive branch officials have 

16 legitimately exercised their prosecutorial discretion 

17 through their constitutional power over foreign af18 fairs to permit individuals or narrow groups of non19 citizens to remain in the United States temporarily 

20 due to extraordinary circumstances in their country 

21 of origin that pose an imminent threat to the indi22 viduals’ life or physical safety. 

23 (4) Prosecutorial discretion generally ought to 

24 be applied on a case-by-case basis and not to whole 

25 categories of persons. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 38 IH

1 (5) President Obama himself has stated at least 

2 22 times in the past that he can’t ignore existing 

3 immigration law or create his own immigration law. 

4 (6) President Obama’s grant of deferred action 

5 to more than 4,000,000 unlawfully present aliens, as 

6 directed in a November 20, 2014, memorandum 

7 issued by Secretary of Homeland Security Jeh 

8 Charles Johnson, is without any constitutional or 

9 statutory basis. 

10 SEC. 3. RULE OF CONSTRUCTION. 

11 (a) IN GENERAL.—Notwithstanding any other law, 

12 the executive branch of the Government shall not— 

13 (1) exempt or defer, by Executive order, regula14 tion, or any other means, categories of aliens consid15 ered under the immigration laws (as defined in sec16 tion 101(a)(17) of the Immigration and Nationality 

17 Act (8 U.S.C. 1101(a)(17))) to be unlawfully 

18 present in the United States from removal under 

19 such laws; 

20 (2) treat such aliens as if they were lawfully 

21 present or had a lawful immigration status; or 

22 (3) treat such aliens other than as unauthorized 

23 aliens (as defined in section 274A(h)(3) of the Im24 migration and Nationality Act (8 U.S.C. 

25 1324a(h)(3))). 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 38 IH

1 (b) EXCEPTIONS.—Subsection (a) shall apply ex2 cept— 

3 (1) to the extent prohibited by the Constitution; 

4 (2) upon the request of Federal, State, or local 

5 law enforcement agencies, for purposes of maintain6 ing aliens in the United States to be tried for crimes 

7 or to be witnesses at trial; or 

8 (3) for humanitarian purposes where the aliens 

9 are at imminent risk of serious bodily harm or 

10 death. 

11 (c) EFFECT OF EXECUTIVE ACTION.—Any action by 

12 the executive branch with the purpose of circumventing 

13 the objectives of this section shall be null and void and 

14 without legal effect. 

15 (d) EFFECTIVE DATE.—This section shall take effect 

16 as if enacted on November 20, 2014, and shall apply to 

17 requests (regardless of whether the request is original or 

18 for reopening of a previously denied request) submitted 

19 on or after such date for — 

20 (1) work authorization; or 

21 (2) exemption from, or deferral of, removal. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS