Sec. 2. Findings
238 words·~1 min read·
/bill/114/hr/38/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Congress finds as follows: Under article I, section 8, of the Constitution, the Congress has the power to establish an uniform Rule of Naturalization . As the Supreme Court found in Galvan v. Press, that the formulation of . . . 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 government . Under article II, section 3, of the Constitution, the President is required to take Care that the Laws be faithfully executed .
Historically, 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 safety. Prosecutorial discretion generally ought to be applied on a case-by-case basis and not to whole categories of persons.
President Obama himself has stated at least 22 times in the past that he can’t ignore existing immigration law or create his own immigration law. President Obama’s grant of deferred action to more than 4,000,000 unlawfully present aliens, as directed in a November 20, 2014, memorandum issued by Secretary of Homeland Security Jeh Charles Johnson, is without any constitutional or statutory basis.