[Congressional Record Volume 161, Number 34 (Friday, February 27, 2015)]
[Senate]
[Page S1205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 266. Mr. LEE 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 Director of United States
Immigration and Customs Enforcement entitled ``Civil
Immigration Enforcement: Priorities for the Apprehension,
Detention, and Removal of Aliens'' dated March 2, 2011.
(2) The memorandum from the Director of United States
Immigration and Customs Enforcement entitled ``Exercising
Prosecutorial Discretion Consistent with the Civil
Immigration Enforcement Priorities of the Agency for the
Apprehension, Detention, and Removal of Aliens'' dated June
17, 2011.
(3) The memorandum from the Principal Legal Advisor of
United States Immigration and Customs Enforcement entitled
``Case-by-Case Review of Incoming and Certain Pending Cases''
dated November 17, 2011.
(4) The memorandum from the Director of United States
Immigration and Customs Enforcement entitled Civil
Immigration Enforcement: Guidance on the Use of Detainers in
the Federal, State, Local, and Tribal Criminal Justice
Systems dated December 21, 2012.
(5) The memorandum from the Secretary of Homeland Security
entitled ``Southern Border and Approaches Campaign'' dated
November 20, 2014.
(6) The memorandum from the Secretary of Homeland Security
entitled ``Policies for the Apprehension, Detention and
Removal of Undocumented Immigrants'' dated November 20, 2014.
(7) The memorandum from the Secretary of Homeland Security
entitled ``Secure Communities'' dated November 20, 2014.
(8) 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.
(9) The memorandum from the Secretary of Homeland Security
entitled ``Expansion of the Provisional Waiver Program''
dated November 20, 2014.
(10) The memorandum from the Secretary of Homeland Security
entitled ``Policies Supporting U.S. High-Skilled Businesses
and Workers'' dated November 20, 2014.
(11) The memorandum from the Secretary of Homeland Security
entitled ``Families of U.S. Armed Forces Members and
Enlistees'' dated November 20, 2014.
(12) The memorandum from the Secretary of Homeland Security
entitled ``Directive to Provide Consistency Regarding Advance
Parole'' dated November 20, 2014.
(13) The memorandum from the Secretary of Homeland Security
entitled ``Policies to Promote and Increase Access to U.S.
Citizenship'' dated November 20, 2014.
(14) The memorandum from the President entitled
``Modernizing and Streamlining the U.S. Immigrant Visa System
for the 21st Century'' dated November 21, 2014.
(15) 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 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.
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