119-HR4200

Bill is currently in: House
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House Senate President

119th CONGRESS

1st Session

H. R. 4200

1. Short title
2. Findings
3. No Federal funds for deferred enforced departure

1. Short title

This Act may be cited as the "End DED Act".

2. Findings

Congress finds the following:

(1) - In 1990, the George H.W. Bush administration first used Deferred Enforced Departure (DED) to avoid removing aliens present in the United States whose home countries could not accept their safe return. DED has no statutory basis in the Immigration and Nationality Act and was never approved by Congress.

(2) - The "constitutional powers to conduct foreign relations" of the President are cited as a basis for DED. However, when the executive branch defers the removal of aliens, it is an immigration benefit, not a foreign policy function. Congress has plenary power over immigration, giving it almost complete authority to decide whether certain aliens may enter or remain in the United States.

(3) - In 1990, Congress established Temporary Protected Status (TPS) as a part of the Immigration Act of 1990 to provide temporary protection from removal for foreign nationals whose home countries face ongoing armed conflict, environmental disaster, or other extraordinary circumstances preventing their safe return home.

(4) - DED recipients are granted work authorization and may be permitted to travel outside the United States, the same as TPS holders.

(5) - Since 1990, the executive branch has designated DED for certain nationals from the following nine countries: China, Kuwait, El Salvador, Haiti, Liberia, Venezuela, Palestine, Hong Kong, and Lebanon.

(6) - Article 1, section 8, clause 18 of the Constitution gives Congress clear jurisdiction on immigration matters. The use of DED through sole executive action undermines Congress's authority to regulate immigration programs in the United States. Congress created TPS to provide certain aliens relief from removal under similar life-threatening circumstances.

3. No Federal funds for deferred enforced departure

Notwithstanding any other provision of law, no Federal funds, resources, or fees, made available to the President of the United States, the Secretary of Homeland Security, the Attorney General, the Secretary of State, or to any other official of a Federal agency, by any Act for any fiscal year, may be used to implement, administer or carry out the Deferred Enforced Departure Program, or any successor program.