Providing for consideration of the bill (H.R. 1589) to authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes.

SI-generated grade · five published checks · not individually reviewed by a person · methodology

This resolution is a procedural rule for considering a bill that would authorize cancellation of removal and adjustment of status for certain aliens. The rule itself is within Congress's authority to structure its own proceedings, but the underlying bill raises significant constitutional questions regarding the scope of Congress's enumerated powers over immigration and the potential for arbitrary application. The resolution is mostly sound but requires careful scrutiny of the underlying bill to ensure it does not overstep constitutional limits.

• ✓ Passes · Enumerated powers
  Congress has broad authority over immigration and naturalization under Article I, Section 8, Clause 4, which grants the power to establish a uniform rule of naturalization. Additionally, the Necessary and Proper Clause (Article I, Section 8, Clause 18) supports Congress's ability to enact laws regarding the removal and adjustment of status of aliens. The resolution itself is a procedural measure u…
• ✓ Passes · Bill of Rights
  The resolution does not infringe on any of the first ten amendments. It is a procedural rule for considering a bill, and the underlying bill pertains to immigration status, which does not implicate rights protected by the Bill of Rights. The Fifth Amendment's Due Process Clause may be relevant to the underlying bill's implementation, but the resolution itself does not violate any constitutional am…
• ✓ Passes · Individual sovereignty
  The resolution does not restrict individual sovereignty; it merely sets the terms for debating and voting on a bill. The underlying bill, if enacted, would affect the legal status of certain aliens, but the resolution itself does not impose any restriction on person, property, speech, labor, or belief. The government has a compelling interest in regulating immigration, and the resolution is a nece…
• ✓ Passes · Decentralization
  The resolution is a federal legislative action, and immigration is inherently a federal matter under the Constitution. The four-question test: (1) An individual or family cannot handle immigration policy without government involvement; (2) A local community cannot handle immigration policy without state involvement; (3) A state cannot handle immigration policy without federal involvement; (4) The …
• ✓ Passes · Due process and takings
  The resolution does not bypass due process or take property. It is a procedural rule that allows for consideration of a bill. The underlying bill, if enacted, would need to comply with the Fifth Amendment's Due Process Clause in its implementation, but the resolution itself does not violate due process or the Takings Clause.

Sources: Congress.gov: HRES 1414 summary