IV 

113TH CONGRESS 

2D SESSION H. RES. 772 

Directing the House of Representatives to bring a civil action for declaratory 

or injunctive relief to challenge certain policies and actions taken by 

the executive branch relating to immigration. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2014 

Mr. RICE of South Carolina (for himself, Mr. LAMALFA, and Mr. WEBER of 

Texas) submitted the following resolution; which was referred to the 

Committee on Rules, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

RESOLUTION 

Directing the House of Representatives to bring a civil action 

for declaratory or injunctive relief to challenge certain 

policies and actions taken by the executive branch relating to immigration. 

Whereas President Obama and officials in his administration 

have frequently overstepped the limits placed on executive 

branch power by the Constitution; 

Whereas President Obama stated he did not have the legal 

authority to take executive actions on immigration that 

he has now subsequently taken; 


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•HRES 772 IH 

Whereas because of President Obama’s continuing failure to 

faithfully execute the laws, his administration’s actions 

cannot be addressed by the enactment of new laws, because Congress cannot assume that the President will 

execute the new laws any more faithfully than the laws 

he has already ignored, leaving Congress with no legislative remedy to prevent the establishment of what is in effect an imperial Presidency; and 

Whereas it is therefore necessary and appropriate for Congress to turn to the courts to ensure the faithful execution of the laws as required by the Constitution: Now, 

therefore, be it 

1 Resolved, 

2 SECTION 1. DIRECTING CIVIL ACTION BY HOUSE OF REP3 RESENTATIVES IN RESPONSE TO CERTAIN 

4 EXECUTIVE BRANCH ACTIONS RELATING TO 

5 IMMIGRATION. 

6 (a) CIVIL ACTION.—The House of Representatives 

7 shall bring a civil action in the United States District 

8 Court for the District of Columbia for declaratory or in9 junctive relief to challenge any of the following policies or 

10 actions: 

11 (1) The policy of the Department of Homeland 

12 Security to exercise prosecutorial discretion with re13 spect to individuals who came to the United States 

14 as children, as announced by the Department of 

15 Homeland Security on June 15, 2012. 


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•HRES 772 IH 

1 (2) The policy of the Department of Homeland 

2 Security to exercise further prosecutorial discretion 

3 with respect to certain other unlawfully present 

4 aliens, as directed in a November 20, 2014, memo5 randum issued by Secretary of Homeland Security 

6 Jeh Charles Johnson, and related memoranda issued 

7 by the executive branch. 

8 (b) NO ADDITIONAL FUNDS PROVIDED TO BRING

9 ACTIONS.—Any amounts obligated or expended by the 

10 House of Representatives to carry out this resolution dur11 ing a fiscal year shall be derived from existing appropria12 tions for salaries and expenses of the House for that fiscal 

13 year, and nothing in this resolution may be construed as 

14 authorizing an increase in the amount of budget authority 

15 available to the House for that fiscal year. 

16 (c) NO EFFECT ON EXISTING AUTHORITY OF SPEAK17 ER.—Nothing in this resolution may be construed to affect 

18 the authority of the Speaker to initiate any civil action 

19 on behalf of the House of Representatives, or to intervene 

20 in any civil action on behalf of the House of Representa21 tives, pursuant to House Resolution 676, One Hundred 

22 Thirteenth Congress. 

Æ 


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