Amendment in the Nature of a Substitute to H.R. 5759, Preventing Executive Overreach on Immigration Act

H.R. 5759 - Amendment in the Nature of a Substitute

Preventing Executive Overreach on Immigration Act

Rep. Ted Yoho


December 4, 2014 (113th Congress, 2nd Session)

Staff Contact

Floor Situation

On Thursday, December 4, 2014, the House will consider an amendment in the nature of a substitute to H.R. 5759, the Preventing Executive Overreach on Immigration Act, under a rule.  H.R. 5759 was introduced by Rep. Ted Yoho (R-FL) on November 20, 2014 and was referred to the House Judiciary Committee.

Bill Summary

The substitute amendment to H.R. 5759 prohibits the executive branch from exempting from removal or deferring removal of categories of aliens who are unlawfully present in the U.S.—whether by executive order, regulation, or any other means.  The bill prohibits the executive branch from treating such aliens as if they were lawfully present or had a lawful immigration status, or granting them work authorization.  The bill contains exceptions for extraordinary humanitarian and law enforcement reasons.  Actions taken for the purpose of circumventing the bill shall be null and void and without legal effect.  The effective date is November 20, 2014 and applies to requests (both original requests and requests for reopening previously denied requests) submitted for work authorization or exemption from, or deferral of, removal.


On November 20, 2014, President Obama announced a series of executive actions on immigration, including the unilateral creation of a program to suspend removal for approximately four million individuals unlawfully present in the U.S.


“CBO and JCT expect that enacting the proposed amendment in the nature of a substitute for H.R. 5759 would reduce both revenues and outlays for direct spending programs.”[1]  However, because of the short time available since the President announced his action, CBO and JCT currently cannot provide a specific estimate of those effects or determine whether the legislation would increase or decrease federal budget deficits over the next 10 years.[2]
[2] Id.

Additional Information

For questions or further information contact the GOP Conference at 5-5107.