Constitution Index · H.R. 4638 · 2025-07-23
Federal Working Animal Protection Act
Latest official status (2026-03-19): Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Constitutional grade
A
Constitutional
The Federal Working Animal Protection Act is constitutional. It operates squarely within Congress's plenary power over immigration and naturalization under Article I, Section 8, Clause 4. The bill does not restrict any right protected by the Bill of Rights, does not infringe individual sovereignty of U.S. nationals, respects decentralization by leaving state and local animal cruelty laws untouched, and provides full due process through criminal conviction or admission as a prerequisite for immigration consequences.
Article I, Section 8, Clause 4 Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VI Amendment VII Amendment VIII Amendment IX Amendment X
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has explicit constitutional authority over immigration and naturalization under Article I, Section 8, Clause 4. The bill creates a ground of inadmissibility and deportability for non-U.S. nationals convicted of harming law enforcement animals. This is a classic exercise of the federal immigration power, which the Supreme Court has long recognized as plenary and inherent in national sovereignty. No enumerated power issue arises.
Bill of Rights · passes
The bill does not infringe any provision of the first ten amendments. It imposes immigration consequences on non-U.S. nationals based on criminal convictions, which does not implicate the First Amendment (speech, religion, assembly, press, petition), Second Amendment (arms), Third Amendment (quartering), Fourth Amendment (search and seizure), Fifth Amendment (self-incrimination, due process, takings), Sixth Amendment (trial rights), Seventh Amendment (jury), Eighth Amendment (cruel and unusual punishment), Ninth Amendment (unenumerated rights), or Tenth Amendment (reserved powers). The bill applies only to non-citizens and only after a criminal conviction or admission, so no Bill of Rights violation occurs.
Individual liberty · passes
The bill does not restrict what a U.S. person can do with their own person, property, speech, labor, or belief. It applies only to non-U.S. nationals seeking admission to or presence in the United States. The government has a compelling constitutional interest in controlling the borders and setting conditions for entry and stay. The burden is properly on the non-citizen to comply with immigration laws, and the restriction is directly tied to criminal conduct harming law enforcement animals, which is a legitimate and compelling justification.
Decentralization · passes
The bill passes all four questions of the decentralization test. (1) An individual or family cannot handle immigration policy unilaterally; this is a federal function. (2) A local community or county cannot set national immigration rules. (3) A state cannot set federal immigration policy. (4) The bill does not consolidate decision-making upward beyond the minimum necessary; immigration is inherently a federal matter under the Constitution. The Tenth Amendment is not violated because the bill operates within an enumerated federal power.
Due process and takings · passes
The bill provides full procedural due process. It requires a criminal conviction or an admission by the non-U.S. national before immigration consequences attach. This ensures fair notice, a fair hearing, and the presumption of innocence. No property is taken without just compensation; the bill does not involve any taking of property. The immigration consequences are civil, not criminal, and are based on a prior criminal proceeding that satisfies all due process requirements.
Provenance
- Congress.gov: HR 4638 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #358 | 2026-10-09 | vfa-constitutional-grade/1.0 | eed6cc561bcd | current |
Cite this
Values for America. “Constitutional grade: H.R. 4638, Federal Working Animal Protection Act.” VFA Constitution Index, grade 358 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/358. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/358
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