“In light of Congress’s constitutional power over the purse, the Supreme Court has recognized that ‘Congress may always circumscribe agency discretion to allocate resources by putting restrictions in the operative statutes,’” reads a report from the Congressional Research Service. The report was sent to Republican Sen. Jeff Sessions’ office, first reported by Breitbart News, and has since been obtained by The Daily Caller.
The Congressional Research Service (CRS) is an “authoritative, confidential, objective and nonpartisan” congressional analysis outfit that operates out of the Library of Congress.
The analysis stands in stark contrast with a previous analysis by the Republican-dominated House Appropriations Committee, which issued a Thursday statement saying that the agency tasked with executing the order, the U.S. Citizenship and Immigration Services, ”is entirely self-funded through the fees it collects on various immigration applications. Congress does not appropriate funds for any of its operations, including the issuance of immigration status or work permits, with the exception of the ‘E-Verify’ program. Therefore, the appropriations process cannot be used to ‘defund’ the agency.”
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