I 

114TH CONGRESS 

1ST SESSION H. R. 1715 

To prohibit the use of funds to carry out certain immigration-related 

memoranda, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2015 

Mr. RATCLIFFE (for himself, Mr. LOUDERMILK, Mr. WALKER, Mr. PALMER, 

Mr. BABIN, and Mr. BRAT) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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 

A BILL 

To prohibit the use of funds to carry out certain 

immigration-related memoranda, 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 ‘‘Executive Amnesty 

5 Prevention Act’’. 

6 SEC. 2. PROHIBITION ON USE OF FUNDS. 

7 (a) IN GENERAL.—No funds, resources, or fees made 

8 available to the Secretary of Homeland Security, or to any 


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1 other official of a Federal agency, by any Act for any fiscal 

2 year, including any deposits into the ‘‘Immigration Exami3 nations Fee Account’’ established under section 286(m) 

4 of the Immigration and Nationality Act (8 U.S.C. 

5 1356(m)), may be used to implement, administer, enforce, 

6 or carry out (including through the issuance of any regula7 tions) any of the policy changes set forth in the following 

8 memoranda (or any substantially similar policy changes 

9 issued or taken on or after the date of the enactment of 

10 this Act, whether set forth in memorandum, Executive 

11 order, regulation, directive, or by other action): 

12 (1) The memorandum from the Director of 

13 U.S. Immigration and Customs Enforcement enti14 tled ‘‘Civil Immigration Enforcement: Priorities for 

15 the Apprehension, Detention, and Removal of 

16 Aliens’’ dated March 2, 2011. 

17 (2) The memorandum from the Director of 

18 U.S. Immigration and Customs Enforcement enti19 tled ‘‘Exercising Prosecutorial Discretion Consistent 

20 with the Civil Immigration Enforcement Priorities of 

21 the Agency for the Apprehension, Detention, and 

22 Removal of Aliens’’ dated June 17, 2011. 

23 (3) The memorandum from the Principal Legal 

24 Advisor of U.S. Immigration and Customs Enforce25 ment entitled ‘‘Case-by-Case Review of Incoming 


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1 and Certain Pending Cases’’ dated November 17, 

2 2011. 

3 (4) The memorandum from the Secretary of 

4 Homeland Security entitled ‘‘Exercising Prosecu5 torial Discretion with Respect to Individuals Who 

6 Came to the United States as Children’’ dated June 

7 15, 2012. 

8 (5) The memorandum from the Director of 

9 U.S. Immigration and Customs Enforcement enti10 tled ‘‘Civil Immigration Enforcement: Guidance on 

11 the Use of Detainers in the Federal, State, Local, 

12 and Tribal Criminal Justice Systems’’ dated Decem13 ber 21, 2012. 

14 (6) The memorandum from the Secretary of 

15 Homeland Security entitled ‘‘Southern Border and 

16 Approaches Campaign’’ dated November 20, 2014. 

17 (7) The memorandum from the Secretary of 

18 Homeland Security entitled ‘‘Policies for the Appre19 hension, Detention and Removal of Undocumented 

20 Immigrants’’ dated November 20, 2014. 

21 (8) The memorandum from the Secretary of 

22 Homeland Security entitled ‘‘Secure Communities’’ 

23 dated November 20, 2014. 

24 (9) The memorandum from the Secretary of 

25 Homeland Security entitled ‘‘Exercising ProsecuVerDate Sep 11 2014 07:13 Apr 03, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1715.IH H1715

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1 torial Discretion with Respect to Individuals Who 

2 Came to the United States as Children and with Re3 spect to Certain Individuals Who Are the Parents of 

4 U.S. Citizens or Permanent Residents’’ dated No5 vember 20, 2014. 

6 (10) The memorandum from the Secretary of 

7 Homeland Security entitled ‘‘Expansion of the Pro8 visional Waiver Program’’ dated November 20, 

9 2014. 

10 (11) The memorandum from the Secretary of 

11 Homeland Security entitled ‘‘Policies Supporting 

12 U.S. High-Skilled Businesses and Workers’’ dated 

13 November 20, 2014. 

14 (12) The memorandum from the Secretary of 

15 Homeland Security entitled ‘‘Families of U.S. 

16 Armed Forces Members and Enlistees’’ dated No17 vember 20, 2014. 

18 (13) The memorandum from the Secretary of 

19 Homeland Security entitled ‘‘Directive to Provide 

20 Consistency Regarding Advance Parole’’ dated No21 vember 20, 2014. 

22 (14) The memorandum from the Secretary of 

23 Homeland Security entitled ‘‘Policies to Promote 

24 and Increase Access to U.S. Citizenship’’ dated No25 vember 20, 2014. 


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1 (15) The memorandum from the President enti2 tled ‘‘Modernizing and Streamlining the U.S. Immi3 grant Visa System for the 21st Century’’ dated No4 vember 21, 2014. 

5 (16) The memorandum from the President enti6 tled ‘‘Creating Welcoming Communities and Fully 

7 Integrating Immigrants and Refugees’’ dated No8 vember 21, 2014. 

9 (b) NO LEGAL EFFECT.—The memoranda referred 

10 to in subsection (a) (or any substantially similar policy 

11 changes issued or taken on or after the date of the enact12 ment of this Act, whether set forth in memorandum, Exec13 utive order, regulation, directive, or by other action) have 

14 no statutory or constitutional basis and therefore have no 

15 legal effect. 

16 (c) PROHIBITION ON FEDERAL BENEFITS.—No 

17 funds or fees made available to the Secretary of Homeland 

18 Security, or to any other official of a Federal agency, by 

19 any Act for any fiscal year, including any deposits into 

20 the ‘‘Immigration Examinations Fee Account’’ established 

21 under section 286(m) of the Immigration and Nationality 

22 Act (8 U.S.C. 1356(m)), may be used to grant any Fed23 eral benefit to any alien pursuant to any of the policy 

24 changes set forth in the memoranda referred to in sub25 section (a) (or any substantially similar policy changes 


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1 issued or taken on or after the date of the enactment of 

2 this Act, whether set forth in memorandum, Executive 

3 order, regulation, directive, or by other action). 

4 SEC. 3. ADMISSION AND LAWFUL PRESENCE REQUIRED 

5 FOR EMPLOYMENT AUTHORIZATION. 

6 Section 274A(h)(3) of the Immigration and Nation7 ality Act (8 U.S.C. 1324a(h)(3)) is amended— 

8 (1) by inserting before ‘‘authorized to be so em9 ployed by this Act’’ the following: ‘‘an alien other10 wise admitted to and lawfully present in the United 

11 States, and’’; and 

12 (2) by inserting at the end the following: ‘‘An 

13 alien without lawful status shall be considered to be 

14 an unauthorized alien for purposes of this Act.’’. 

15 SEC. 4. CONFORMING AMENDMENTS. 

16 Section 286(n) of the Immigration and Nationality 

17 Act (8 U.S.C. 1356(n)) is amended— 

18 (1) by striking ‘‘(n) All’’ and inserting ‘‘(n)(1) 

19 Except as provided in paragraph (2), all’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(2) No deposit in the ‘Immigration Examinations 

22 Fee Account’ may be used to implement, administer, carry 

23 out, or enforce the policies in any of the memoranda reVerDate Sep 11 2014 07:13 Apr 03, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1715.IH H1715

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1 ferred to in section 2(a) of the Executive Amnesty Preven2 tion Act.’’. 

Æ 


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