H.R. 5953 (112th): Prohibiting Back-door Amnesty Act

112th Congress, 2011–2013. Text as of Jun 18, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

HR 5953 IH

112th CONGRESS

2d Session

H. R. 5953

To prohibit the implementation of certain policies regarding the exercise of prosecutorial discretion by the Secretary of Homeland Security.

IN THE HOUSE OF REPRESENTATIVES

June 18, 2012

Mr. QUAYLE (for himself, Mr. ROSS of Florida, Mr. GRAVES of Georgia, Mr. RIBBLE, Mr. MULVANEY, Mr. BROOKS, and Mr. LONG) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit the implementation of certain policies regarding the exercise of prosecutorial discretion by the Secretary of Homeland Security.

    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 ‘Prohibiting Back-door Amnesty Act’.

SEC. 2. NULLIFICATION OF CERTAIN POLICIES REGARDING PROSECUTORIAL DISCRETION.

    (a) Disapproval- The Congress disapproves the following, which shall have no force or effect:

      (1) The June 17, 2011, memorandum from John Morton, the Director of U.S. Immigration and Customs Enforcement, regarding the exercise of prosecutorial discretion consistent with the civil immigration enforcement priorities of the agency for the apprehension, detention, and removal of aliens.

      (2) The June 15, 2012, memorandum from Janet Napolitano, the Secretary of Homeland Security, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children.

      (3) The draft directive developed by U.S. Customs and Border Protection (amending CBP Directive No. 3340-043) containing guidance on when to pursue enforcement actions and factors such agency’s personnel should consider when exercising discretion.

    (b) Prohibition- Pursuant to the plenary power over immigration of the Congress under article I, section 8, clause 4 of the Constitution of the United States, the President, the Secretary of Homeland Security, and any personnel of the Department of Homeland Security shall not promulgate, implement, administer, or enforce any Executive order, proposed or final rule, other provision of law, guidance, or policy that is the same as, or similar in effect to, any or all of the documents described in subsection (a).