Title: Expressing the sense of the House of Representatives regarding the appointment of an independent counsel to investigate actions by United States Customs and Border Protection in apparent violation of judicial orders.
Policy area: Immigration

Summary:
Expresses the sense of the House of Representatives that the Department of Justice should appoint an independent counsel to investigate whether the President or his staff directed, or knew about and failed to prevent, U.S. Customs and Border Protection activities that violated, or consciously circumvented and nullified the efficacy of, judicial orders designed to stay Executive Order 13769. Among the order's major provisions are restrictions on the entry of immigrants and nonimmigrants from seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) and additional limitations on refugee admissions to the United States.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 102 Introduced in House (IH)]

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115th CONGRESS
  1st Session
H. RES. 102

  Expressing the sense of the House of Representatives regarding the 
appointment 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 
                       Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the House of Representatives regarding the 
appointment of an independent counsel to investigate actions by United 
States Customs and Border Protection in apparent violation of judicial 
                                orders.

Whereas the United States Constitution grants separate authorities 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 Foreign Terrorist Entry into the United 
        States'' on January 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 period of 90 days, indefinitely prohibited entry by any 
        citizen 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 Department 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 continuing to enforce E.O. 13769 that was 
        the subject of the judicial stay;
Whereas the Department of Homeland Security Office of Inspector 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
    Resolved, That it is the sense of the House of Representatives that 
the Department of Justice should appoint 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.
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