113TH CONGRESS 

2D SESSION H. R. 5759 

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, 
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1 SECTION 1. SHORT TITLE. 

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

3 Overreach on Immigration Act of 2014’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds as follows: 

6 (1) Under article I, section 8, of the Constitu7 tion, the Congress has the power to ‘‘establish an 

8 uniform Rule of Naturalization’’. As the Supreme 

9 Court found in Galvan v. Press, ‘‘that the formula10 tion of * * * policies [pertaining to the entry of 

11 aliens and their right to remain here] is entrusted 

12 exclusively to Congress has become about as firmly 

13 imbedded in the legislative and judicial tissues of our 

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

15 (2) Under article II, section 3, of the Constitu16 tion, the President is required to ‘‘take Care that 

17 the Laws be faithfully executed’’. 

18 (3) Historically, executive branch officials have 

19 legitimately exercised their prosecutorial discretion 

20 through their constitutional power over foreign af21 fairs to permit individuals or narrow groups of non22 citizens to remain in the United States temporarily 

23 due to extraordinary circumstances in their country 

24 of origin that pose an imminent threat to the indi25 viduals’ life or physical safety. 
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1 (4) Prosecutorial discretion generally ought to 

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

3 categories of persons. 

4 (5) President Obama himself has stated at least 

5 22 times in the past that he can’t ignore existing 

6 immigration law or create his own immigration law. 

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

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

9 directed in a November 20, 2014, memorandum 

10 issued by Secretary of Homeland Security Jeh 

11 Charles Johnson, is without any constitutional or 

12 statutory basis. 

13 SEC. 3. RULE OF CONSTRUCTION. 

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

15 the executive branch of the Government shall not— 

16 (1) exempt or defer, by Executive order, regula17 tion, or any other means, categories of aliens consid18 ered under the immigration laws (as defined in sec19 tion 101(a)(17) of the Immigration and Nationality 

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

21 present in the United States from removal under 

22 such laws; 

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

24 present or had a lawful immigration status; or 
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1 (3) treat such aliens other than as unauthorized 

2 aliens (as defined in section 274A(h)(3) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1324a(h)(3))). 

5 (b) EXCEPTIONS.—Subsection (a) shall apply ex6 cept— 

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

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

9 law enforcement agencies, for purposes of maintain10 ing aliens in the United States to be tried for crimes 

11 or to be witnesses at trial; or 

12 (3) for humanitarian purposes where the aliens 

13 are at imminent risk of serious bodily harm or 

14 death. 

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

16 the executive branch with the purpose of circumventing 

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

18 without legal effect. 

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

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

21 requests (regardless of whether the request is original or 

22 for reopening of a previously denied request) submitted 

23 on or after such date for— 

24 (1) work authorization; or 
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1 (2) exemption from, or deferral of, removal. 

Passed the House of Representatives December 4, 

2014. 

Attest: 

Clerk. 
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 cer-