I 112th CONGRESS 2d Session H. R. 5953 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.

1.

Short title

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

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).