IV 
115TH CONGRESS 
1ST SESSION 
H. RES. 102 
Expressing the sense of the House of Representatives regarding the appoint-
ment of an independent counsel to investigate actions by United States 
Customs and Border Protection in apparent violation of judicial orders. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2017 
Mr. CASTRO of Texas (for himself, Mr. DOGGETT, Mr. NADLER, and Mr. 
SOTO) submitted the following resolution; which was referred to the Com-
mittee on the Judiciary 
RESOLUTION 
Expressing the sense of the House of Representatives regard-
ing the appointment of an independent counsel to inves-
tigate actions by United States Customs and Border 
Protection in apparent violation of judicial orders. 
Whereas the United States Constitution grants separate au-
thorities to the legislative branch (Article I), executive 
branch (Article II), and judicial branch (Article III) to 
create three equal branches of Government; 
Whereas the judicial review of executive actions is a bedrock 
principle of our Government; 
Whereas the President issued Executive Order 13769 (82 
Fed. Reg. 8977) entitled ‘‘Protecting the Nation from 
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•HRES 102 IH 
Foreign Terrorist Entry into the United States’’ on Jan-
uary 27, 2017 (hereinafter referred to as ‘‘E.O. 13769’’); 
Whereas E.O. 13769, among other provision, suspended 
entry into the United States for any citizen from Iran, 
Iraq, Libya, Somalia, Sudan, Syria, and Yemen for a pe-
riod of 90 days, indefinitely prohibited entry by any cit-
izen from Syria, and suspended the entry of any refugee 
from any country for a period of 90 days; 
Whereas the United States Customs and Border Protection 
(hereinafter referred to as ‘‘CBP’’), within the Depart-
ment of Homeland Security, is responsible for screening 
international travelers at all United States ports of entry; 
Whereas several U.S. district courts have decreed a national 
stay of E.O. 13769 prohibiting the implementation of 
certain aspects of the Executive order; 
Whereas numerous media outlets have reported that CBP 
personnel may have violated the court orders by con-
tinuing to enforce E.O. 13769 that was the subject of the 
judicial stay; 
Whereas the Department of Homeland Security Office of In-
spector General is reviewing ‘‘DHS’s adherence to court 
orders and allegations of individual misconduct on the 
part of DHS personnel’’; 
Whereas CBP personnel must follow all court orders and not 
doing so would create a constitutional crisis requiring 
censure of the President; and 
Whereas the Department of Justice has a duty to investigate 
whether CBP personnel violated the court orders at the 
direction of the President: Now, therefore, be it 
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•HRES 102 IH 
Resolved, That it is the sense of the House of Rep-
resentatives that the Department of Justice should ap-
point an independent counsel to investigate whether the 
President or his staff directed, or knew about and failed 
to prevent, United States Customs and Border Protection 
activities that violated, or consciously circumvented and 
nullified the efficacy of, judicial orders designed to stay 
E.O. 13769. 
Æ 
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