Providing for consideration of the bill (H.R. 1689) to require the Secretary of Homeland Security to designate Haiti for temporary protected status.

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

This resolution is a procedural rule for considering H.R. 1689. Congress has enumerated authority over immigration and naturalization, and each House may determine its own rules of proceeding. The resolution burdens no constitutional rights and does not take property or deprive any person of due process. Immigration status is a national matter, so federal action is the appropriate level of government.

• ✓ Passes · Enumerated powers
  The House resolution is authorized by Article I, Section 5, Clause 2, which allows each House to determine the rules of its proceedings. The underlying bill concerns immigration and temporary protected status, an area committed to Congress by Article I, Section 8, Clause 4, the Naturalization Clause, and supported by the Necessary and Proper Clause, Article I, Section 8, Clause 18. Requiring the S…
• ✓ Passes · Bill of Rights
  The resolution does not restrict speech, religion, assembly, the press, petition, the right to keep and bear arms, or any criminal procedure right. It merely sets the terms for considering immigration legislation. No provision of the first ten amendments is implicated or violated.
• ✓ Passes · Individual sovereignty
  The resolution and promptly considered bill would expand temporary protected status for Haitian nationals, not restrict individual liberty, property, speech, labor, or belief. No person is being compelled to act or prohibited from acting. The only duty falls on the Secretary of Homeland Security, a governmental official, and that duty is consistent with congressional immigration authority.
• ✓ Passes · Decentralization
  Immigration and naturalization require a uniform national policy. An individual, family, local community, county, or state cannot plausibly establish a national immigration designation such as temporary protected status. Federal action is the minimum necessary level of government, and this resolution does not consolidate decision-making upward beyond that point.
• ✓ Passes · Due process and takings
  There is no deprivation of life, liberty, or property. No one is denied a hearing, presumption of innocence, or fair process. The resolution is procedural and the underlying bill would provide protected status, not take property or punish anyone. The Takings Clause of the Fifth Amendment is not implicated.

Sources: Congress.gov: HRES 965 summary