II 
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 immi-
gration relief. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Executive 
Overreach on Immigration Act of 2014’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Under article I, section 8, of the Constitu-
tion, the Congress has the power to ‘‘establish an 
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uniform Rule of Naturalization’’. As the Supreme 
Court found in Galvan v. Press, ‘‘that the formula-
tion of * * * policies [pertaining to the entry of 
aliens and their right to remain here] is entrusted 
exclusively to Congress has become about as firmly 
imbedded in the legislative and judicial tissues of our 
body politic as any aspect of our government’’. 
(2) Under article II, section 3, of the Constitu-
tion, the President is required to ‘‘take Care that 
the Laws be faithfully executed’’. 
(3) Historically, executive branch officials have 
legitimately exercised their prosecutorial discretion 
through their constitutional power over foreign af-
fairs to permit individuals or narrow groups of non-
citizens to remain in the United States temporarily 
due to extraordinary circumstances in their country 
of origin that pose an imminent threat to the indi-
viduals’ life or physical safety. 
(4) Prosecutorial discretion generally ought to 
be applied on a case-by-case basis and not to whole 
categories of persons. 
(5) President Obama himself has stated at least 
22 times in the past that he can’t ignore existing 
immigration law or create his own immigration law. 
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(6) President Obama’s grant of deferred action 
to more than 4,000,000 unlawfully present aliens, as 
directed in a November 20, 2014, memorandum 
issued by Secretary of Homeland Security Jeh 
Charles Johnson, is without any constitutional or 
statutory basis. 
SEC. 3. RULE OF CONSTRUCTION. 
(a) IN GENERAL.—Notwithstanding any other law, 
the executive branch of the Government shall not— 
(1) exempt or defer, by Executive order, regula-
tion, or any other means, categories of aliens consid-
ered under the immigration laws (as defined in sec-
tion 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17))) to be unlawfully 
present in the United States from removal under 
such laws; 
(2) treat such aliens as if they were lawfully 
present or had a lawful immigration status; or 
(3) treat such aliens other than as unauthorized 
aliens (as defined in section 274A(h)(3) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3))). 
(b) EXCEPTIONS.—Subsection (a) shall apply ex-
cept— 
(1) to the extent prohibited by the Constitution; 
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(2) upon the request of Federal, State, or local 
law enforcement agencies, for purposes of maintain-
ing aliens in the United States to be tried for crimes 
or to be witnesses at trial; or 
(3) for humanitarian purposes where the aliens 
are at imminent risk of serious bodily harm or 
death. 
(c) EFFECT OF EXECUTIVE ACTION.—Any action by 
the executive branch with the purpose of circumventing 
the objectives of this section shall be null and void and 
without legal effect. 
(d) EFFECTIVE DATE.—This section shall take effect 
as if enacted on November 20, 2014, and shall apply to 
requests (regardless of whether the request is original or 
for reopening of a previously denied request) submitted 
on or after such date for— 
(1) work authorization; or 
(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 
limitations on executive authority to provide cer-
tain forms of immigration relief. 
DECEMBER 9, 2014 
Read the second time and placed on the calendar 
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