Executive Amnesty Prevention Act

To prohibit the use of funds to carry out certain immigration-related memoranda, and for other purposes. 1. Short title This Act may be cited as the Executive Amnesty Prevention Act 2. Prohibition on use of funds (a) In general No funds, resources, or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by any Act for any fiscal year, including any deposits into the Immigration Examinations Fee Account 8 U.S.C. 1356(m) (1) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled “Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens” dated March 2, 2011. (2) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled “Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens” dated June 17, 2011. (3) The memorandum from the Principal Legal Advisor of U.S. Immigration and Customs Enforcement entitled “Case-by-Case Review of Incoming and Certain Pending Cases” dated November 17, 2011. (4) The memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children (5) The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled “Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems” dated December 21, 2012. (6) The memorandum from the Secretary of Homeland Security entitled ‘‘Southern Border and Approaches Campaign’’ dated November 20, 2014. (7) The memorandum from the Secretary of Homeland Security entitled ‘‘Policies for the Apprehension, Detention and Removal of Undocumented Immigrants’’ dated November 20, 2014. (8) The memorandum from the Secretary of Homeland Security entitled ‘‘Secure Communities’’ dated November 20, 2014. (9) The memorandum from the Secretary of Homeland Security entitled ‘‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents’’ dated November 20, 2014. (10) The memorandum from the Secretary of Homeland Security entitled ‘‘Expansion of the Provisional Waiver Program’’ dated November 20, 2014. (11) The memorandum from the Secretary of Homeland Security entitled ‘‘Policies Supporting U.S. High-Skilled Businesses and Workers’’ dated November 20, 2014. (12) The memorandum from the Secretary of Homeland Security entitled ‘‘Families of U.S. Armed Forces Members and Enlistees’’ dated November 20, 2014. (13) The memorandum from the Secretary of Homeland Security entitled ‘‘Directive to Provide Consistency Regarding Advance Parole’’ dated November 20, 2014. (14) The memorandum from the Secretary of Homeland Security entitled ‘‘Policies to Promote and Increase Access to U.S. Citizenship’’ dated November 20, 2014. (15) The memorandum from the President entitled ‘‘Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century’’ dated November 21, 2014. (16) The memorandum from the President entitled ‘‘Creating Welcoming Communities and Fully Integrating Immigrants and Refugees’’ dated November 21, 2014. (b) No legal effect The memoranda referred to in subsection (a) (or any substantially similar policy changes issued or taken on or after the date of the enactment of this Act, whether set forth in memorandum, Executive order, regulation, directive, or by other action) have no statutory or constitutional basis and therefore have no legal effect. (c) Prohibition on Federal benefits No funds or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by any Act for any fiscal year, including any deposits into the Immigration Examinations Fee Account 8 U.S.C. 1356(m) 3. Admission and lawful presence required for employment authorization Section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) (1) by inserting before authorized to be so employed by this Act an alien otherwise admitted to and lawfully present in the United States, and (2) by inserting at the end the following: An alien without lawful status shall be considered to be an unauthorized alien for purposes of this Act. 4. Conforming amendments Section 286(n) of the Immigration and Nationality Act ( 8 U.S.C. 1356(n) (1) by striking (n) (n)(1) (2) by adding at the end the following: (2) No deposit in the Immigration Examinations Fee Account .

Summary: Executive Amnesty Prevention Act This bill prohibits the use of funds to implement specified memoranda from the President, the Secretary of Homeland Security, the Director of U.S. Immigration and Customs Enforcement (ICE), or other related memoranda. No deposit in the Immigration Examinations Fee Account may be used to implement, administer, or enforce the policies in such memoranda. Such memoranda or substantially similar policy changes are declared to have no statutory or constitutional basis and therefore no legal effect. No funds or fees made available to the Secretary or to any federal official may be used to grant any federal benefit to any alien pursuant to any of such policy changes. The Immigration and Nationality Act is amended to: (1) exclude from the definition of "unauthorized alien," with respect to employment, any alien otherwise admitted to and lawfully present in the United States; and (2) consider any alien without lawful status to be an unauthorized alien whose employment is unlawful.