[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 38 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                 H. R. 38

To prohibit the executive branch from exempting from removal categories 
   of aliens considered under the immigration laws to be unlawfully 
         present in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2015

Mr. Yoho (for himself, Mr. Pittenger, Mr. Cook, Mr. Harris, Mr. Duncan 
 of Tennessee, Mr. Roe of Tennessee, Mr. Nugent, Mr. Rohrabacher, Mr. 
 Olson, Mr. Forbes, Ms. Jenkins of Kansas, Mr. Yoder, Mr. McCaul, Mr. 
 Barletta, Mr. McClintock, Mr. Palazzo, and Mr. Jolly) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit the executive branch from exempting from removal categories 
   of aliens considered under the immigration laws to be unlawfully 
         present in the United States, and for other purposes.

    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 ``Preventing Executive Overreach on 
Immigration Act of 2015''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Under article I, section 8, of the Constitution, the 
        Congress has the power to ``establish an uniform Rule of 
        Naturalization''. As the Supreme Court found in Galvan v. 
        Press, ``that the formulation of . . . policies [pertaining to 
        the entry of aliens and their right to remain here] is 
        entrusted exclusively to Congress has become about as firmly 
        imbedded in the legislative and judicial tissues of our body 
        politic as any aspect of our government''.
            (2) Under article II, section 3, of the Constitution, the 
        President is required to ``take Care that the Laws be 
        faithfully executed''.
            (3) Historically, executive branch officials have 
        legitimately exercised their prosecutorial discretion through 
        their constitutional power over foreign affairs to permit 
        individuals or narrow groups of noncitizens to remain in the 
        United States temporarily due to extraordinary circumstances in 
        their country of origin that pose an imminent threat to the 
        individuals' life or physical safety.
            (4) Prosecutorial discretion generally ought to be applied 
        on a case-by-case basis and not to whole categories of persons.
            (5) President Obama himself has stated at least 22 times in 
        the past that he can't ignore existing immigration law or 
        create his own immigration law.
            (6) President Obama's grant of deferred action to more than 
        4,000,000 unlawfully present aliens, as directed in a November 
        20, 2014, memorandum issued by Secretary of Homeland Security 
        Jeh Charles Johnson, is without any constitutional or statutory 
        basis.

SEC. 3. RULE OF CONSTRUCTION.

    (a) In General.--Notwithstanding any other law, the executive 
branch of the Government shall not--
            (1) exempt or defer, by Executive order, regulation, or any 
        other means, categories of aliens considered under the 
        immigration laws (as defined in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to be 
        unlawfully present in the United States from removal under such 
        laws;
            (2) treat such aliens as if they were lawfully present or 
        had a lawful immigration status; or
            (3) treat such aliens other than as unauthorized aliens (as 
        defined in section 274A(h)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(h)(3))).
    (b) Exceptions.--Subsection (a) shall apply except--
            (1) to the extent prohibited by the Constitution;
            (2) upon the request of Federal, State, or local law 
        enforcement agencies, for purposes of maintaining aliens in the 
        United States to be tried for crimes or to be witnesses at 
        trial; or
            (3) for humanitarian purposes where the aliens are at 
        imminent risk of serious bodily harm or death.
    (c) Effect of Executive Action.--Any action by the executive branch 
with the purpose of circumventing the objectives of this section shall 
be null and void and without legal effect.
    (d) Effective Date.--This section shall take effect as if enacted 
on November 20, 2014, and shall apply to requests (regardless of 
whether the request is original or for reopening of a previously denied 
request) submitted on or after such date for --
            (1) work authorization; or
            (2) exemption from, or deferral of, removal.
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