12/4/14

Today, Congressman Doug Lamborn supported H.R. 5759, the Preventing Executive Overreach on Immigration Act. This bill states that, except within strict  limits, the President does not have the authority to exempt categories of people unlawfully present in the U.S. from removal or to defer that removal. H.R. 5759 will apply to President Obama’s recently announced executive actions and any future ones that also attempt to circumvent the law. The bill passed by a vote of 219 to 197.

"President Obama's actions are unlawful and emblematic of his blatant disregard for the American people and our system of government. I supported this bill because we must do everything in our power to combat amnesty for illegal immigrants. H.R. 5759 is an important first step that reaffirms that unlawful executive actions must not be allowed to carry the force of law. I, like the President, made an oath to uphold the Constitution. The difference is that I have every intention to continue to keep that promise."

- Congressman Doug Lamborn (CO-05)

Background Information from the House Judiciary Committee

•On November 20, 2014, President Obama gave a speech to the nation in which he outlined his intent to ignore immigration law violations of certain categories of people – unlawful aliens who have been here for more than five years and have U.S. citizen or legal permanent resident children in the country – and grant them the affirmative immigration benefits of work authorization and legal presence.  

•He also expanded the Deferred Action for Childhood Arrivals (DACA) program, to remove the age cap by which applicants previously had to apply and to change the eligible entry date from 2007 to 2010.  

•The President is alleging prosecutorial discretion as authority for his actions.

•HR 5759 demonstrates that the President’s actions are not acceptable uses of prosecutorial discretion and that they violate Article I Section 8 and Article II Section 3 of the Constitution.  It further states that the President’s actions are without constitutional or statutory basis.

•The bill provides for necessary exceptional humanitarian and law enforcement exceptions.

•The effective date of the bill coincides with the President’s speech of November 20, and applies to all new and previously denied requests for exemptions from and deferrals of removal from the United States, as well as any related work authorization.