Preventing Executive Overreach on Immigration Act of 2014 - Prohibits the executive branch of the government from:
States that such prohibition shall not apply:
Declares that any executive branch action intending to circumvent the objectives of this Act shall be null and void and without legal effect.
States that this Act shall take effect as if enacted on November 20, 2014, and shall apply to requests (whether the request is original or for reopening of a previously denied request) submitted on or after that date for: (1) work authorization; or (2) exemption from, or deferral of, removal.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5759 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5759
To establish a rule of construction clarifying the limitations on
executive authority to provide certain forms of immigration relief.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2014
Mr. Yoho (for himself, Mr. Brooks of Alabama, Mr. LaMalfa, Mr. Gohmert,
Mr. Long, and Mr. Palazzo) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a rule of construction clarifying the limitations on
executive authority to provide certain forms of immigration relief.
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 ``Executive Amnesty Prevention Act of
2014''.
SEC. 2. RULE OF CONSTRUCTION.
(a) In General.--No provision of the United States Constitution,
the Immigration and Nationality Act, or other Federal law shall be
interpreted or applied to authorize the executive branch of the
Government to exempt, by Executive order, regulation, or any other
means, categories of persons unlawfully present in the United States
from removal under the immigration laws (as such term is defined in
section 101 of the Immigration and Nationality Act). Any action by the
executive branch with the purpose of circumventing the objectives of
this statute shall be null and void and without legal effect.
(b) Effective Date.--This Act shall have effect retroactively, and
shall apply to any such exemption made at any time.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Border Security.
Considered under the provisions of rule H. Res. 770. (consideration: CR H8632-8651; text of amendment in the nature of a substitute: CR H8632-8633)
Resolution provides for consideration of the Senate amendment to H.R. 3979; consideration of the bill H.R. 5759; and consideration of the bill H.R. 5781.
DEBATE - Pursuant to the provisions of H. Res. 770, the House proceeded with one hour of debate on H.R. 5759.
DEBATE - The House resumed debate on H.R. 5759.
The previous question was ordered pursuant to the rule. (consideration: CR H8649)
Mr. Murphy (FL) moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H8649; text: CR H8649)
DEBATE - The House proceeded with 10 minutes of debate on the Murphy (FL) motion to recommit with instructions, pending reservation of a point of order. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to ensure that nothing in the underlying legislation would impact the relief provided to parents, spouses, and children of U.S. citizens who are current members or veterans of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, or who seek to enlist in the Armed Forces, which is consistent with current law, but will be halted by the underlying legislation. Additionally, the motion would protect victims of domestic violence who have successfully petitioned for relief under the Violence Against Women Act; and victims of crimes and serious forms of human trafficking from further abuse. Lastly, the motion would protect Cuban nationals or any persons of any other nationality deserving of such protections, already in the U.S. or in tran sit to the U.S.. Subse
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The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8650)
On motion to recommit with instructions Failed by the Yeas and Nays: 194 - 225 (Roll no. 549).
Roll Call #549 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 197, 3 Present (Roll no. 550).
Roll Call #550 (House)On passage Passed by the Yeas and Nays: 219 - 197, 3 Present (Roll no. 550).
Roll Call #550 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 626.