[Congressional Record Volume 161, Number 34 (Friday, February 27, 2015)]
[Senate]
[Pages S1204-S1205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 265. Mr. LEE (for himself and Mr. Vitter) submitted an amendment 
intended to be proposed to amendment SA 255 proposed by Mr. McConnell 
(for Mr. Cochran (for himself, Ms. Mikulski, and Mrs. Shaheen)) to the 
bill H.R. 240, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2015, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) No funds, resources, or fees made available to 
     the Secretary of Homeland Security, or to any other official 
     of a Federal agency, by this Act or any other Act for any 
     fiscal year, including any deposits into the Immigration 
     Examinations Fee Account established under section 286(m) of 
     the Immigration and Nationality Act (8 U.S.C. 1356(m)), may 
     be used to implement, administer, enforce, or carry out 
     (including through the issuance of any regulations) any of 
     the policy changes set forth in the following memoranda (or 
     any substantially similar policy changes issued or taken on 
     or after January 9, 2015, whether set forth in memorandum, 
     Executive order, regulation, directive, or by other action):
       (1) The memorandum from the Secretary of Homeland Security 
     entitled ``Southern Border and Approaches Campaign'' dated 
     November 20, 2014.
       (2) The memorandum from the Secretary of Homeland Security 
     entitled ``Policies for the Apprehension, Detention and 
     Removal of Undocumented Immigrants'' dated November 20, 2014.
       (3) The memorandum from the Secretary of Homeland Security 
     entitled ``Secure Communities'' dated November 20, 2014.
       (4) The memorandum from the Secretary of Homeland Security 
     entitled ``Exercising Prosecutorial Discretion with Respect 
     to Individuals Who Came to the United States as Children and 
     with Respect to Certain Individuals Who Are the Parents of 
     U.S. Citizens or Permanent Residents'' dated November 20, 
     2014.
       (5) The memorandum from the Secretary of Homeland Security 
     entitled ``Expansion of the Provisional Waiver Program'' 
     dated November 20, 2014.
       (6) The memorandum from the Secretary of Homeland Security 
     entitled ``Policies Supporting U.S. High-Skilled Businesses 
     and Workers'' dated November 20, 2014.
       (7) The memorandum from the Secretary of Homeland Security 
     entitled ``Families of U.S. Armed Forces Members and 
     Enlistees'' dated November 20, 2014.
       (8) The memorandum from the Secretary of Homeland Security 
     entitled ``Directive to Provide Consistency Regarding Advance 
     Parole'' dated November 20, 2014.
       (9) The memorandum from the Secretary of Homeland Security 
     entitled ``Policies to Promote and Increase Access to U.S. 
     Citizenship'' dated November 20, 2014.
       (10) The memorandum from the President entitled 
     ``Modernizing and Streamlining the U.S. Immigrant Visa System 
     for the 21st Century'' dated November 21, 2014.
       (11) The memorandum from the President entitled ``Creating 
     Welcoming Communities and Fully Integrating Immigrants and 
     Refugees'' dated November 21, 2014.
       (b) The memoranda referred to in subsection (a) (or any 
     substantially similar policy changes issued or taken on or 
     after January 9, 2015, whether set forth in memorandum, 
     Executive order, regulation, directive, or by other action) 
     have no statutory or constitutional basis and therefore have 
     no legal effect.
       (c) No funds or fees made available to the Secretary of 
     Homeland Security, or to any

[[Page S1205]]

     other official of a Federal agency, by this Act or any other 
     Act for any fiscal year, including any deposits into the 
     ``Immigration Examinations Fee Account'' established under 
     section 286(m) of the Immigration and Nationality Act (8 
     U.S.C. 1356(m)), may be used to grant any Federal benefit to 
     any alien pursuant to any of the policy changes set forth in 
     the memoranda referred to in subsection (a) (or any 
     substantially similar policy changes issued or taken on or 
     after January 9, 2015, whether set forth in memorandum, 
     Executive order, regulation, directive, or by other action).
       (d) The budgetary effects of this section shall not be 
     entered on either PAYGO scorecard maintained pursuant to 
     section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
       (e) Notwithstanding Rule 3 of the Budget Scorekeeping 
     Guidelines set forth in the joint explanatory statement of 
     the committee of conference accompanying Conference Report 
     105-217 and section 250(c)(8) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, the budgetary effects 
     of this section shall not be estimated--
       (1) for purposes of section 251 of the such Act; and
       (2) for purposes of paragraph 4(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 as being included in an 
     appropriation Act.
                                 ______