[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5953 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5953

   To prohibit the implementation of certain policies regarding the 
   exercise of prosecutorial discretion by the Secretary of Homeland 
                               Security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2012

 Mr. Quayle (for himself, Mr. Ross of Florida, Mr. Graves of Georgia, 
  Mr. Ribble, Mr. Mulvaney, Mr. Brooks, and Mr. Long) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To prohibit the implementation of certain policies regarding the 
   exercise of prosecutorial discretion by the Secretary of Homeland 
                               Security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prohibiting Back-door Amnesty Act''.

SEC. 2. NULLIFICATION OF CERTAIN POLICIES REGARDING PROSECUTORIAL 
              DISCRETION.

    (a) Disapproval.--The Congress disapproves the following, which 
shall have no force or effect:
            (1) The June 17, 2011, memorandum from John Morton, the 
        Director of U.S. Immigration and Customs Enforcement, regarding 
        the exercise of prosecutorial discretion consistent with the 
        civil immigration enforcement priorities of the agency for the 
        apprehension, detention, and removal of aliens.
            (2) The June 15, 2012, memorandum from Janet Napolitano, 
        the Secretary of Homeland Security, regarding the exercise of 
        prosecutorial discretion with respect to individuals who came 
        to the United States as children.
            (3) The draft directive developed by U.S. Customs and 
        Border Protection (amending CBP Directive No. 3340-043) 
        containing guidance on when to pursue enforcement actions and 
        factors such agency's personnel should consider when exercising 
        discretion.
    (b) Prohibition.--Pursuant to the plenary power over immigration of 
the Congress under article I, section 8, clause 4 of the Constitution 
of the United States, the President, the Secretary of Homeland 
Security, and any personnel of the Department of Homeland Security 
shall not promulgate, implement, administer, or enforce any Executive 
order, proposed or final rule, other provision of law, guidance, or 
policy that is the same as, or similar in effect to, any or all of the 
documents described in subsection (a).
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