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Code · BILL · 114th Congress · H.R. 38 (Introduced in House) — To prohibit the executive branch from exempting from removal categories of aliens considered under the immigration la... · Sec. 3

Sec. 3. Rule of construction

234 words·~1 min read·/bill/114/hr/38/ih/section-3

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Notwithstanding any other law, the executive branch of the Government shall not— exempt or defer, by Executive order, regulation, or any other means, categories of aliens considered under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )) to be unlawfully present in the United States from removal under such laws; treat such aliens as if they were lawfully present or had a lawful immigration status; or treat such aliens other than as unauthorized aliens (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )). Subsection
(a)shall apply except— to the extent prohibited by the Constitution; upon the request of Federal, State, or local law enforcement agencies, for purposes of maintaining aliens in the United States to be tried for crimes or to be witnesses at trial; or for humanitarian purposes where the aliens are at imminent risk of serious bodily harm or death. Any action by the executive branch with the purpose of circumventing the objectives of this section shall be null and void and without legal effect. This section shall take effect as if enacted on November 20, 2014, and shall apply to requests (regardless of whether the request is original or for reopening of a previously denied request) submitted on or after such date for — work authorization; or exemption from, or deferral of, removal.
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