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H.Res.21 - Uphold the Oath Americans Trust and Honor (OATH) Resolution114th Congress (2015-2016)

Resolution

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Sponsor: Rep. Rice, Tom [R-SC-7] (Introduced 01/07/2015)
Committees: House - Rules; House Administration
Latest Action: House - 01/07/2015 Referred to the Committee on Rules, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.  (All Actions)

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Text: H.Res.21 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in House (01/07/2015)


114th CONGRESS
1st Session
H. RES. 21


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

January 7, 2015

Mr. Rice of South Carolina (for himself, Mr. Weber of Texas, and Mr. Lance) submitted the following resolution; which was referred to the Committee on Rules, and in addition to the Committee on House Administration, for a period to be subsequently determined by the 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 he has now subsequently taken;

    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

Resolved,

SECTION 1. Short title.

This resolution may be cited as the “Uphold the Oath Americans Trust and Honor (OATH) Resolution”.

SEC. 2. Directing civil action by House of Representatives in response to certain executive branch actions relating to immigration.

(a) Civil Action.—The House of Representatives shall bring a civil action in the United States District Court for the District of Columbia for declaratory or injunctive relief to challenge any of the following policies or actions:

(1) The policy of the Department of Homeland Security to exercise prosecutorial discretion with respect to individuals who came to the United States as children, as announced by the Department of Homeland Security on June 15, 2012.

(2) The policy of the Department of Homeland Security to exercise further prosecutorial discretion with respect to certain other unlawfully present aliens, as directed in a November 20, 2014, memorandum issued by Secretary of Homeland Security Jeh Charles Johnson, and related memoranda issued by the executive branch.

(b) No Additional Funds Provided To Bring Actions.—Any amounts obligated or expended by the House of Representatives to carry out this resolution during a fiscal year shall be derived from existing appropriations for salaries and expenses of the House for that fiscal year, and nothing in this resolution may be construed as authorizing an increase in the amount of budget authority available to the House for that fiscal year.

(c) No Effect on Existing Authority of Speaker.—Nothing in this resolution may be construed to affect the authority of the Speaker to initiate any civil action on behalf of the House of Representatives, or to intervene in any civil action on behalf of the House of Representatives, pursuant to House Resolution 676, One Hundred Thirteenth Congress.

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