Lawsuit

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IV

113TH CONGRESS 2D SESSION 

H. RES. 772

Directing the House of Representatives to bring a civil action for declaratory or injunctive relief to challenge certain policies and actions taken by the executive branch relating to immigration.

IN THE HOUSE OF REPRESENTATIVES DECEMBER 8, 2014 Mr. RICE of South Carolina (for himself, Mr. L A M ALFA , and Mr. W EBER EBER of Texas) submitted the following resolution; which was referred to the Committee onaRules, in addition to thedetermined Committeebyonthe House Administration, for periodand to be subsequently Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

RESOLUTION Directing the House of Representatives to bring a civil action for declaratory or injunctive relief to challenge certain policies and actions taken by the executive branch relating to immigration.  Whereas President Obama and officials in his administration have frequently overstepped the limits placed on executive  branch power by the Constitution;  Whereas President Obama stated he did not have the legal authority to take executive actions on immigration that    S    L    L    I    B    h    t    i   w    D    O    R    P    1    N    V    T    P    S    3    K    S    D   n   o   y   e    l    l   e    k    t

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he has now subsequently taken;

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2  Whereas because of President Obama’s continuing failure to faithfully execute the laws, his administration’s actions cannot be addressed by the enactment of new laws, because Congress cannot assume that the President will execute the new laws any more faithfully than the laws he has already ignored, leaving Congress with no legislative remedy to prevent the establishment of what is in effect an imperial Presidency; and  Whereas it is therefore necessary and appropriate for Congress to turn to the courts to ensure the faithful execution of the laws as required by the Constitution: Now, therefore, be it 1 2

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SECTION 1. DIRECTING CIVIL ACTION BY HOUSE OF REP-

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RESENTATIVES

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EXECUTIVE BRANCH ACTIONS RELATING TO

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IMMIGRATION.

IN

RESPONSE

TO

CERTAIN

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(a) CIVIL  A CTION CTION.—The House of Representatives

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shall bring a civil action in the United States District

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Court for the District of Columbia for declaratory or in-

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 junctive relief to challenge any of the following policies or

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 Resolved,

actions:

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(1) The policy of the Department of Homeland

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Security to exercise prosecutorial discretion with re-

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spect to individuals who came to the United States

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as children, as announced by the Department of

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Homeland Security on June 15, 2012.

HRES 772 IH



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(2) The policy of the Department of Homeland

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Security to exercise further prosecutorial discretion

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 with respect to certain other unlawfully present

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aliens, as directed in a November 20, 2014, memo-

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randum issued by Secretary of Homeland Security

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Jeh Charles Johnson, and related memoranda issued

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 by the executive branch. (b) NO  A DDITIONAL DDITIONAL FUNDS PROVIDED TO BRING 

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 A CTIONS CTIONS.—Any amounts obligated or expended by the

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House of Representatives to carry out this resolution dur-

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ing a fiscal year shall be derived from existing appropria-

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tions for salaries and expenses of the House for that fiscal

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 year, and nothing in this resolution may be construed as

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authorizing an increase in the amount of budget authority

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available to the House for that fiscal year. (c) NO EFFECT ON E XISTING A UTHORITY UTHORITY OF SPEAK -

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.—Nothing in this resolution may be construed to affect

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ER

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the authority of the Speaker to initiate any civil action on behalf of the House of Representatives, or to intervene

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in any civil action on behalf of the House of Representa-

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tives, pursuant to House Resolution 676, One Hundred

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Thirteenth Congress. Æ

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HRES 772 IH



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