[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 772 Introduced in House (IH)]

113th CONGRESS
  2d Session
H. RES. 772

  Directing the House of Representatives to bring a civil action for 
  declaratory or injunctive relief to challenge certain policies and 
     actions taken by the executive branch relating to immigration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2014

Mr. Rice of South Carolina (for himself, Mr. LaMalfa, and Mr. Weber of 
 Texas) submitted the following resolution; which was referred to the 
     Committee on Rules, and in addition to the Committee on House 
   Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
  Directing the House of Representatives to bring a civil action for 
  declaratory or injunctive relief to challenge certain policies and 
     actions taken by the executive branch relating to immigration.

Whereas President Obama and officials in his administration have frequently 
        overstepped the limits placed on executive branch power by the 
        Constitution;
Whereas President Obama stated he did not have the legal authority to take 
        executive actions on immigration that he has now subsequently taken;
Whereas because of President Obama's continuing failure to faithfully execute 
        the laws, his administration's actions cannot be addressed by the 
        enactment of new laws, because Congress cannot assume that the President 
        will execute the new laws any more faithfully than the laws he has 
        already ignored, leaving Congress with no legislative remedy to prevent 
        the establishment of what is in effect an imperial Presidency; and
Whereas it is therefore necessary and appropriate for Congress to turn to the 
        courts to ensure the faithful execution of the laws as required by the 
        Constitution: Now, therefore, be it
    Resolved,

SECTION 1. DIRECTING CIVIL ACTION BY HOUSE OF REPRESENTATIVES IN 
              RESPONSE TO CERTAIN EXECUTIVE BRANCH ACTIONS RELATING TO 
              IMMIGRATION.

    (a) Civil Action.--The House of Representatives shall bring a civil 
action in the United States District Court for the District of Columbia 
for declaratory or injunctive relief to challenge any of the following 
policies or actions:
            (1) The policy of the Department of Homeland Security to 
        exercise prosecutorial discretion with respect to individuals 
        who came to the United States as children, as announced by the 
        Department of Homeland Security on June 15, 2012.
            (2) The policy of the Department of Homeland Security to 
        exercise further prosecutorial discretion with respect to 
        certain other unlawfully present aliens, as directed in a 
        November 20, 2014, memorandum issued by Secretary of Homeland 
        Security Jeh Charles Johnson, and related memoranda issued by 
        the executive branch.
    (b) No Additional Funds Provided To Bring Actions.--Any amounts 
obligated or expended by the House of Representatives to carry out this 
resolution during a fiscal year shall be derived from existing 
appropriations for salaries and expenses of the House for that fiscal 
year, and nothing in this resolution may be construed as authorizing an 
increase in the amount of budget authority available to the House for 
that fiscal year.
    (c) No Effect on Existing Authority of Speaker.--Nothing in this 
resolution may be construed to affect the authority of the Speaker to 
initiate any civil action on behalf of the House of Representatives, or 
to intervene in any civil action on behalf of the House of 
Representatives, pursuant to House Resolution 676, One Hundred 
Thirteenth Congress.
                                 <all>