Bill > S3015

This bill, titled the "Preventing Executive Overreach on Immigration Act of 2014," establishes a rule of construction to clarify limitations on the executive branch's authority to grant certain immigration relief. It asserts that Congress, under Article I of the Constitution, holds the primary power to establish rules for immigration and naturalization, and that the President's duty under Article II is to faithfully execute existing laws. The bill specifically prohibits the executive branch from unilaterally exempting or deferring categories of aliens considered unlawfully present in the United States from removal, treating them as lawfully present, or classifying them as anything other than unauthorized aliens. These prohibitions are intended to prevent actions like the deferred action for childhood arrivals (DACA) program, which the bill argues lacks constitutional or statutory basis. However, the bill includes exceptions for actions required by the Constitution, requests from law enforcement for criminal proceedings or witness testimony, and humanitarian cases involving imminent risk of serious bodily harm or death. Any executive action intended to circumvent these provisions would be considered void. The bill is intended to take effect as if enacted on November 20, 2014, and applies to requests for work authorization or deferral of removal made on or after that date.