Constitution Index · H.Res. 1596 · 2026-10-01

Providing for consideration of the bill (H.R. 9899) to designate Afghanistan under section 244 of the Immigration and Nationality Act to permit nationals of Afghanistan to be eligible for temporary protected status under such section, and for other purposes.

Latest official status (2026-10-01): Referred to the House Committee on Rules.

Official source ↗

Constitutional grade

A

Constitutional

This resolution is a procedural rule that merely sets the terms for considering a substantive immigration bill. It does not itself enact policy, restrict rights, or expand federal power beyond Congress's explicit constitutional authority over naturalization and immigration. The underlying bill, which would designate Afghanistan for Temporary Protected Status, falls squarely within Congress's enumerated power to establish a uniform rule of naturalization and to regulate immigration. No constitutional rights are infringed, and the action does not consolidate power upward beyond the federal level, as immigration policy is inherently federal. The resolution passes all five checks.

Article I, Section 8, Clause 4 Article I, Section 5, Clause 2

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, which grants Congress the power 'to establish an uniform Rule of Naturalization.' The underlying bill, H.R. 9899, exercises this power by designating Afghanistan for Temporary Protected Status under the Immigration and Nationality Act. The resolution itself is a procedural measure under House rules, which is within Congress's constitutional authority to determine its own proceedings under Article I, Section 5, Clause 2. No overreach of enumerated powers is present.

Bill of Rights · passes

The resolution does not infringe any provision of the Bill of Rights. It is a procedural rule that does not affect speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, jury rights, cruel and unusual punishment, unenumerated rights, or reserved powers. The underlying bill would grant a benefit (Temporary Protected Status) to Afghan nationals, which does not implicate any enumerated right. No amendment is violated.

Individual liberty · passes

The resolution does not restrict any individual's person, property, speech, labor, or belief. It merely sets the terms for debate on a bill that would extend immigration relief to Afghan nationals. The underlying bill is permissive, not restrictive, and does not impose any burden on individuals. The government is not restricting freedom; it is exercising its constitutional authority to set immigration policy. No compelling justification is needed because no restriction is imposed.

Decentralization · passes

Immigration policy is inherently a federal matter under Article I, Section 8, Clause 4, and the Supreme Court has long recognized the federal government's plenary power over immigration. An individual, family, local community, or state cannot unilaterally grant Temporary Protected Status to foreign nationals; such a designation requires a uniform national policy. The resolution does not consolidate decision-making upward beyond the minimum necessary because the federal government is the only level that can constitutionally handle this issue. All four questions are answered in favor of decentralization.

Due process and takings · passes

The resolution does not bypass due process, presume guilt, or take property. It is a procedural rule that does not affect any person's legal rights. The underlying bill would provide a discretionary immigration status, which is not a property right, and no taking occurs. The resolution itself provides fair notice and is part of the legislative process, which is inherently procedural. No due process or takings issue arises.

Provenance

Grade ID
594
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-11 14:20 UTC
Engine
backup SI engine
Source fetched
2026-10-11 00:07 UTC
Source SHA-256
801b7ccd510e6244d899f5465d8fbeff9d34e91058d771c479394295764f8b28
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #594 2026-10-11 vfa-constitutional-grade/1.0 801b7ccd510e current

Cite this

Values for America. “Constitutional grade: H.Res. 1596, Providing for consideration of the bill (H.R. 9899) to designate Afghanistan under section 244 of the Immigration and Nationality Act to permit nationals of Afghanistan to be eligible for temporary protected status under such section, and for other purposes..” VFA Constitution Index, grade 594 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/594. Accessed 2026-10-19.

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