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Calendar No. 626 

113TH CONGRESS 

2D SESSION H. R. 5759 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2014 

Received; read the first time 

DECEMBER 9, 2014 

Read the second time and placed on the calendar 

AN ACT 

To establish a rule of construction clarifying the limitations 

on executive authority to provide certain forms of immigration relief. 

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 2014’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) Under article I, section 8, of the Constitu9 tion, the Congress has the power to ‘‘establish an 


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1 uniform Rule of Naturalization’’. As the Supreme 

2 Court found in Galvan v. Press, ‘‘that the formula3 tion of * * * policies [pertaining to the entry of 

4 aliens and their right to remain here] is entrusted 

5 exclusively to Congress has become about as firmly 

6 imbedded in the legislative and judicial tissues of our 

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

8 (2) Under article II, section 3, of the Constitu9 tion, the President is required to ‘‘take Care that 

10 the Laws be faithfully executed’’. 

11 (3) Historically, executive branch officials have 

12 legitimately exercised their prosecutorial discretion 

13 through their constitutional power over foreign af14 fairs to permit individuals or narrow groups of non15 citizens to remain in the United States temporarily 

16 due to extraordinary circumstances in their country 

17 of origin that pose an imminent threat to the indi18 viduals’ life or physical safety. 

19 (4) Prosecutorial discretion generally ought to 

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

21 categories of persons. 

22 (5) President Obama himself has stated at least 

23 22 times in the past that he can’t ignore existing 

24 immigration law or create his own immigration law. 


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

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

3 directed in a November 20, 2014, memorandum 

4 issued by Secretary of Homeland Security Jeh 

5 Charles Johnson, is without any constitutional or 

6 statutory basis. 

7 SEC. 3. RULE OF CONSTRUCTION. 

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

9 the executive branch of the Government shall not— 

10 (1) exempt or defer, by Executive order, regula11 tion, or any other means, categories of aliens consid12 ered under the immigration laws (as defined in sec13 tion 101(a)(17) of the Immigration and Nationality 

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

15 present in the United States from removal under 

16 such laws; 

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

18 present or had a lawful immigration status; or 

19 (3) treat such aliens other than as unauthorized 

20 aliens (as defined in section 274A(h)(3) of the Im21 migration and Nationality Act (8 U.S.C. 

22 1324a(h)(3))). 

23 (b) EXCEPTIONS.—Subsection (a) shall apply ex24 cept— 

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


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

2 law enforcement agencies, for purposes of maintain3 ing aliens in the United States to be tried for crimes 

4 or to be witnesses at trial; or 

5 (3) for humanitarian purposes where the aliens 

6 are at imminent risk of serious bodily harm or 

7 death. 

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

9 the executive branch with the purpose of circumventing 

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

11 without legal effect. 

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

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

14 requests (regardless of whether the request is original or 

15 for reopening of a previously denied request) submitted 

16 on or after such date for— 

17 (1) work authorization; or 

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

Passed the House of Representatives December 4, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 626 

113TH CONGRESS 

2D SESSION H. R. 5759 

AN ACT 

To establish a rule of construction clarifying the 

tain forms of immigration relief. limitations on executive authority to provide cerDECEMBER 9, 2014 

Read the second time and placed on the calendar 


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