During consideration of the fiscal 2013 Homeland Security appropriations bill (H.R. 5855), Rep. King introduced an amendment "to prohibit the use of funds to be used to finalize, implement, administer, or enforce" Immigration and Customs Enforcement memos (known as the Morton memos) regarding prosecutorial discretion to prioritize the removal of certain illegal immigrants.
The Obama administration's use of prosecutorial discretion to provide amnesty to illegal immigrants violates the constitutional principle of separation of powers. According to Article I, Section 1, "all legislative powers herein granted shall be vested in a Congress of the United States." In particular, Congress is granted the power "to establish a uniform rule of naturalization" in Article I, Section 8. In contrast, Article II, Section 3 states that the president "shall take care that the laws be faithfully executed."
