Jim Kouri
January 28, 2013
Judge rules in favor of ICE agents suing Obama
By Jim Kouri

Federal Judge Reed O'Conner ruled on Friday that 10 ICE agents and officers indeed do have standing to challenge in Federal court the so-called Morton Memo on prosecutorial discretion and the DREAM directive on deferred action.

The agents filed their complaint in October, charging that unconstitutional and illegal directives from DHS Secretary Janet Napolitano and ICE Director John Morton order the agents to violate federal laws or face adverse employment actions. This is a major first step for the ICE agents in their case against the administration!

In his 35-page decision, Judge O'Conner found that the ICE agents and officers have standing, but that the State of Mississippi does not. He has not yet ruled, however, on the agents' motion for a preliminary injunction to halt implementation of the DHS directives.

The primary impetus for the lawsuit came last June, when Secretary Napolitano issued a memo offering deferred action and employment authorization to illegal aliens under age 31 who meet certain criteria similar to those outlined in the DREAM Act, which has failed to pass Congress on three occasions.

Even before that, though, ICE Director John Morton essentially gutted immigration enforcement by issuing a memo on prosecutorial discretion that, in effect, prohibits ICE agents and officers from arresting or removing any but the most violent criminal aliens. Under Morton's stated policy, most of the 12 million or so illegal aliens that the administration wants to legalize are currently safe from deportation.

This is just one of the reasons that the National Immigration and Customs Enforcement Council voted unanimously that they have no confidence in Morton's ability to lead the agency. Aside from ordering ICE agents to not enforce federal immigration laws, Morton has also gutted worksite enforcement and the 287(g) program, which is a cooperative effort between local law enforcement and federal immigration agents.

The 10 Immigration and Customs Enforcement (ICE) agents filed a federal lawsuit against the Obama administration seeking an end of President Barack Obama's new non-deportation policy derided as Obama's Dream Act Light by opponents of his illegal immigration policies, according to the ICE agents' union.

The ICE agents filed the lawsuit in federal court in one of the state's most affected by the Obama policy – Texas. The agents allege that President Obama's policies have reduced the number of illegal aliens who will be deported back to their country of origin.

The ICE agents allege in their lawsuit that the Obama executive order causes a confusing situation in which they must choose between enforcing federal laws and being disciplined by their commanders, or obeying their supervisors thereby violating oaths of office and a Clinton administration law – passed by a bi-partisan Congress in 1996 – that mandates the deportation of illegal aliens.

Kris W. Kobach, the secretary of state in Kansas, is representing the ICE agents in their lawsuit. Kobach has been a leading voice in support of state immigration legislation such as Arizona's controversial law.

In the 20-page legal complaint, the agents state they've been ordered to ignore an entire category of illegal aliens. The agents allege they were told to stop requesting proof of citizenship or immigration status.

"Secretary of Homeland Security Janet Napolitano and her underlings want their agents and officers to just take the word of an illegal alien without verifying his or her statement," said former police commander David Scher. "It's as ridiculous as releasing a suspected bank robber who states he didn't commit the robbery without any verification by police officers," he said.

U.S. Immigration and Customs Enforcement special agent Christopher Crane, President of the National Immigration and Customs Enforcement Council, the union representing America's more than 7,000 ICE agents and personnel, and Border Patrol agent George McCubbin, President of the National Border Patrol Council, the union representing America's more than 17,000 border agents and personnel, both blasted President Barack Obama's de facto "Dream Act," and the actions of superiors at their respective agencies.

"The Administration claims it has diligently enforced immigration law and that the border is 'more secure than ever.' But those on the front lines know this to be untrue. They see the violence, chaos and lawlessness. They have lost confidence in the leadership of their agencies," according to the outspoken Agent Crane.

"This administration has engaged in a sustained, relentless effort to undermine America's immigration laws. They have handcuffed and muffled those charged with protecting the public safety and the integrity of our borders. Such action has not only weakened our security but our democracy, as well," he stated.

"All Americans, immigrant and native born, will have a better future if our nation remains unique in the world for the special reverence it places on the rule of law and fairness in our immigration system," Crane stated.

"It's impossible to understand the full scope of the administration's changes, but what we are seeing... concerns us greatly," Crane said.

© Jim Kouri

 

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
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Jim Kouri

Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police... (more)

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