Constitution Index · H.Res. 965 · 2025-12-18
Providing for consideration of the bill (H.R. 1689) to require the Secretary of Homeland Security to designate Haiti for temporary protected status.
Latest official status (2026-04-16): Motion to reconsider laid on the table Agreed to without objection.
Constitutional grade
A
Constitutional
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.
Article I, Section 5, Clause 2 Article I, Section 8, Clause 4 Article I, Section 8, Clause 18 Amendment V
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
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 Secretary of Homeland Security to designate Haiti for temporary protected status is a valid exercise of federal immigration power.
Bill of Rights · passes
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.
Individual liberty · passes
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.
Decentralization · passes
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.
Due process and takings · passes
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.
Provenance
- Congress.gov: HRES 965 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #335 | 2026-10-09 | vfa-constitutional-grade/1.0 | 104b64e34ba0 | current |
Cite this
Values for America. “Constitutional grade: H.Res. 965, Providing for consideration of the bill (H.R. 1689) to require the Secretary of Homeland Security to designate Haiti for temporary protected status..” VFA Constitution Index, grade 335 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/335. Accessed 2026-10-19.
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