,,ii  #aacth ,,congress  #b;d ,session  
,s4 #cjae  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ab1 
#bjad,mr4 ,paul introduced the following
 bill2 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 relief4    
#a4 ,short title ,this ,act may be cited
 as the ,preventing ,executive          
,overreach on ,immigration ,act of      
#bjad4  #b4 ,findings ,congress finds   
following3 7#a7 ,under article ,i1      
section #h1 of the ,constitution1       
,congress has the power to establish an 
uniform ,rule of ,naturalization4 ,as   
the ,supreme ,court held in ,galvan v4  
,press1 the formulation of 4 4 4        
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       
government4  7#b7 ,under article ,,ii1  
section #c1 of the ,constitution1 the   
,president is required to take ,care    
that the ,laws be faithfully executed4  
7#c7 ,historically1 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 safety4  7#d7 ,prosecutorial   
discretion generally ought to be applied
 on a case-by-case basis and not to     
whole categories of persons4  7#e7      
,president ,obama has stated at least   
#bb times in the past that he can't     
ignore existing immigration law or      
create his own immigration law4  7#f7   
,president ,obama's grant of deferred   
action to more than #d1jjj1jjj          

unlawfully present aliens1 as directed  
in a memorandum issued by ,secretary of 
,homeland ,security ,jeh ,charles       
,johnson on ,november #bj1 #bjad1 is    
without any constitutional or statutory 
basis4  #c4 ,prohibition on unilateral  
deferral of deportations by the         
executive branch  7a7 ,in general       
,notwithstanding any other provision of 
law1 the executive branch of the        
,government shall not-- 7#a7 exempt or  
defer1 by ,executive order1 regulation1 
or any other means1 categories of aliens
 considered under the immigration laws  
7as defined in section #aja7;a77#ag7 of 
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #aaja7;a77#ag777 to be    
unlawfully present in the ,united       
,states from removal under such laws2   
7#b7 treat aliens described in paragraph
 7#a7 as if they were lawfully present  
or had a lawful immigration status2 or  
7#c7 treat such aliens other than as    
unauthorized aliens 7as defined in      
section #bgd;,a7h77#c7 of the           

,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #acbd;a7h77#c7774  7b7        
,exceptions ,subsection 7a7 shall apply 
except-- 7#a7 to the extent prohibited  
by the ,constitution2  7#b7 upon the    
request of ,federal1 ,state1 or local   
law enforcement agencies1 for purposes  
of maintaining aliens in the ,united    
,states to be tried for crimes or to be 
witnesses at trial2 or  7#c7 for        
humanitarian purposes in which the      
aliens are at imminent risk of serious  
bodily harm or death4  7c7 ,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 effect4  7d7 ,effective   
date ,this section shall-- 7#a7 take    
effect as if enacted on ,november #bj1  
#bjad2 and  7#b7 apply to requests      
7regardless of whether the request is   
original or for reopening of a          
previously denied request7 submitted on 
or after such date for-- 7,a7 work      

authorization2 or  7,b7 exemption from1 
or deferral of1 removal4