Sec. 112.
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None of the funds made available by this joint resolution or any other Act, including any deposits into the Immigration Examinations Fee Account established under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ), to the Secretary of Homeland Security, or to any other official of a Federal agency, may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth in the following memoranda (or any substantially similar policy changes issued or taken on or after December 16, 2015, whether set forth in memorandum, Executive order, regulation, directive, or by other action):
The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens dated March 2, 2011. The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens dated June 17, 2011. The memorandum from the Principal Legal Advisor of U.S.
Immigration and Customs Enforcement entitled Case-by-Case Review of Incoming and Certain Pending Cases dated June 17, 2011. The memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children dated June 15, 2012. The memorandum from the Director of U.S. Immigration and Customs Enforcement entitled Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems dated December 21, 2012.
The memorandum from the Secretary of Homeland Security entitled Southern Border and Approaches Campaign dated November 20, 2014. The memorandum from the Secretary of Homeland Security entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants dated November 20, 2014. The memorandum from the Secretary of Homeland Security entitled Secure Communities dated November 20, 2014. The memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents dated November 20, 2014. The memorandum from the Secretary of Homeland Security entitled Expansion of the Provisional Waiver Program dated November 20, 2014. The memorandum from the Secretary of Homeland Security entitled Policies Supporting U.S. High-Skilled Businesses and Workers dated November 20, 2014. The memorandum from the Secretary of Homeland Security entitled Families of U.S. Armed Forces Members and Enlistees dated November 20, 2014.
The memorandum from the Secretary of Homeland Security entitled Directive to Provide Consistency Regarding Advance Parole dated November 20, 2014. The memorandum from the Secretary of Homeland Security entitled Policies to Promote and Increase Access to U.S. Citizenship dated November 20, 2014. The memorandum from the President entitled Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century dated November 21, 2014. The memorandum from the President entitled Creating Welcoming Communities and Fully Integrating Immigrants and Refugees dated November 21, 2014.
The memoranda referred to in subsection
(a)(or any substantially similar policy changes issued or taken on or after December 16, 2015, whether set forth in memorandum, Executive order, regulation, directive, or by other action) have no statutory or constitutional basis and therefore have no legal effect. No funds or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by this joint resolution or any other Act, including any deposits into the Immigration Examinations Fee Account established under section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ), may be used to grant any Federal benefit to any alien pursuant to any of the policy changes set forth in the memoranda referred to in subsection
(a)(or any substantially similar policy changes issued or taken on or after December 16, 2015, whether set forth in memorandum, Executive order, regulation, directive, or by other action). The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section shall not be estimated— for purposes of section 251 of the such Act; and for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
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