The amendment

Section 1. The right of every individual present within the United States to engage in any occupation that would be lawful if engaged in by a citizen, and to earn a living thereby, shall not be denied or abridged by the United States, or by any State, on account of immigration or citizenship status. Such a denial or abridgment includes one made on account of the absence of federal work authorization, a Social Security number, employment-eligibility verification, or any other document, eligibility, or status that is itself a function of immigration or citizenship status.

Section 2. Nothing in this article shall (a) restrict the power of the United States or any State to require citizenship or nationality for public office filled by election or appointment, for positions whose duties include the direct formulation, or the discretionary execution or review, of broad public policy, for positions whose principal duty is the exercise of coercive arrest, detention, or police authority, for military service, or for access to classified information or work directly affecting national defense or foreign affairs; (b) confer any right to enter, remain in, or avoid removal from the United States, or limit the power to regulate the admission, presence, or removal of noncitizens, except that no exercise of that power may make a person's employment or earning a living a ground or condition of admission, presence, detention, or removal, though removal or detention on a ground independent of employment is not limited by this article; (c) require any private employer to hire or retain any person; or (d) override any generally applicable law restricting the possession of firearms, explosives, or controlled substances, except a condition of such a law that is itself a function of immigration or citizenship status within the meaning of Section 1. No position qualifies under clause (a) by reason only of the ministerial application of law, the issuance or denial of licenses or permits under defined standards, the provision of public services, or the clerical, custodial, maintenance, or administrative support of government, and the government bears the burden of demonstrating that a position qualifies under clause (a).

Section 3. Congress shall have power to enforce this article by appropriate legislation.

The amendment

Section 1. Every person has the right to construct housing upon land they lawfully own, lease, or otherwise hold a possessory interest in. Whether a person holds such an interest is determined by the law of property and contract, and not by whether any land-use regulation permits housing on that land; this reference governs only whether the interest is held, not the housing this article protects. This right may not be defeated by any private covenant, condition, or restriction whose purpose or predominant effect is to exclude housing or to limit its density or type, nor by a government's enactment or enforcement of such an instrument; but this article does not enlarge a possessory interest beyond the terms on which it is held, nor override a lessor's or grantor's control over construction reserved in the instrument creating that interest. "Housing" means any structure designed for human residential occupancy, of any density, including multifamily and accessory dwellings.

Section 2. No government may deny, abridge, or condition this right except by a regulation that (a) is of general application, (b) sets objective standards, and (c) is the least housing-restrictive means of serving a specific and substantial interest in public health, public safety, environmental-hazard protection, the protection of navigable airspace and aviation safety, the preservation of designated agricultural land or of identified and mapped natural resources, or the separation of housing from uses posing a demonstrated health, safety, noise, or significant environmental burden to occupants, demonstrated by the government on the evidence. A capacity constraint the government has the power to remedy does not justify denial beyond a reasonable time to remedy it; and open-space, scenic, viewshed, neighborhood-character, or generalized resource, traffic, water, school, emergency-service, or infrastructure rationales do not satisfy this section absent a specific, parcel-based demonstration.

Section 3. No law or regulation shall have the purpose, or the predominant effect, of excluding housing in order to limit its supply or to reserve a community for its existing residents. A minimum-lot-size, density, height, unit-count, floor-area, or parking requirement that reduces the housing a parcel could otherwise accommodate is presumptively within this section unless the government demonstrates that it is the least housing-restrictive means of serving an interest described in Section 2.

Section 4. This article does not invalidate building, fire, structural, sanitation, environmental, flood-protection, or historic-preservation codes of general application that establish objective standards, nor laws protecting existing tenants, governing the demolition of occupied housing, or requiring relocation assistance, provided no such code or law is applied for a purpose or with a predominant effect described in Section 3. A law protecting existing tenants or occupied housing does not fall within Section 3 merely because it preserves existing occupancy.

Section 5. Congress shall have power to enforce this article by appropriate legislation.