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]
[S. 3015 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 3015
To establish a rule of construction clarifying the limitations on
executive authority to provide certain forms of immigration relief.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2014
Mr. Paul introduced the following bill; which was read twice and
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 ``Preventing Executive Overreach on
Immigration Act of 2014''.
SEC. 2. FINDINGS.
Congress finds following:
(1) Under article I, section 8, of the Constitution,
Congress has the power to ``establish an uniform Rule of
Naturalization''. As the Supreme Court held in Galvan v. Press,
``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 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
memorandum issued by Secretary of Homeland Security Jeh Charles
Johnson on November 20, 2014, is without any constitutional or
statutory basis.
SEC. 3. PROHIBITION ON UNILATERAL DEFERRAL OF DEPORTATIONS BY THE
EXECUTIVE BRANCH.
(a) In General.--Notwithstanding any other provision of 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 aliens described in paragraph (1) 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 in which 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--
(1) take effect as if enacted on November 20, 2014; and
(2) 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--
(A) work authorization; or
(B) exemption from, or deferral of, removal.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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