Thread: Immigration agents sue to stop Obama’s non-deportation policy

Immigration agents sue to stop Obama’s non-deportation policy

By Stephen Dinan
The Washington Times
updated: 12:27 p.m. on Thursday, August 23, 2012


President Obama announces June 15, 2012, in the Rose Garden of the White House that his administration will stop deporting and begin granting work permits to younger illegal immigrants who came to the U.S. as children and have since led law-abiding lives.

Saying they’re fed up with being told they can’t do their jobs, 10 immigration agents on Thursday sued the Obama administration to try to halt the president’s new non-deportation policy and an earlier memo instructing them not to go after rank-and-file illegal immigrants.

The lawsuit, filed in a federal court in Texas, adds a legal controversy to the political fight that has been stewing over President Obama’s immigration policies, which have steadily narrowed the range of immigrants the government is targeting for deportation.

The 10 U.S. Immigration and Customs Enforcement (ICE) agents and deportation officers said Mr. Obama’s policies force them to choose between enforcing the law and being reprimanded by superiors, or listening to superiors and violating their own oaths of office and a 1996 law that requires them to demand proof of legal status from those they suspect are not in the country legally.

Upping the ante, the agents are being represented by a high-profile lawyer, Kris W. Kobach, secretary of state in Kansas and the chief promoter of state immigration crackdowns such as Arizona’s tough law.

“ICE is at a point now where agents are being told to break federal law, they’re pretty much told that any illegal alien under age of 31 is going to be let go. You can imagine, these law enforcement officers are being put in a horrible position,” Mr. Kobach said.

Last week the Homeland Security Department began taking applications from those 30 years of age or younger who came to the U.S. as children and who have kept a fairly clean criminal record. They are being granted “deferred action,” which is an official notice they are not to be deported, and will be granted work permits to stay and get jobs legally in the U.S.

ICE didn’t have an immediate comment on the lawsuit, but the Obama administration has repeatedly defended the legality of its actions.

At a House Judiciary Committee hearing in July, Rep. Steve King warned of the possibility of a lawsuit and asked Homeland Security Secretary Janet Napolitano if she would rescind the order before it came to that.

“Representative, I will not rescind it,” she replied. “It’s right on the law. It’s the right policy. It fits within our prosecutorial priorities. And although it came out of the Department of Homeland Security, let me say that president is four square behind it, embraces this policy as the right thing to do.”

She said the administration doesn’t have the ability to issue a stay of action for a broad category of people, but said the new policy is different because it invests decisions on a case-by-case basis with agents and officers, who are instructed not to pursue cases for those who meet the guidelines she laid out.

Ms. Napolitano said she’s acting in accordance with Supreme Court rulings that have established a wide latitude for discretion by the executive branch, and said federal law directs the administration to establish immigration enforcement priorities.

But in their 22-page complaint, the agents say they’ve been told in broad terms to ignore a whole class of illegal immigrants. They said they have been instructed not to bother asking for proof, but to take an illegal immigrant’s word that he would qualify for the president’s policy.

One of the instances the lawsuit cites is a now well-known case in El Paso where ICE Agent Samuel Martin picked up an illegal alien from the El Paso County jail. Agent Martin says the man tried to escape and, in the process, assaulted him and another agent — but when they got the man to ICE’s processing center agency supervisors said he had to be released under the new policies.

In that case, the issue wasn’t Mr. Obama’s recent policy on Dream Act-eligible immigrants, but an earlier memo by ICE Director John Morton that said agents should focus on criminals and repeat-immigration offenders.

Chris Crane, president of the National ICE Council and one of those suing to stop the policy, said morale is low among rank-and-file employees at the agency.

“They feel like they’ve become the enemy because literally we have this situation where individuals that have broken U.S. immigration law as well as often times criminal law at the state or local level — they’re being released, no questions asked, but our own officers are being threatened with their careers being taken away if they go out and enforce the laws on the books,” said Mr. Crane, an ICE deportation officer.

The lawsuit, filed in federal court in the Northern District of Texas, argues the administration policies fail to pass muster on three grounds: they infringe on Congress’s right to set immigration policy; they force ICE agents to disregard the law; and the Homeland Security Department didn’t follow the federal Administrative Procedure Act, which requires agencies to write regulations and put them out for public comment before taking big steps.

NumbersUSA, a group that pushes for stricter immigration limits, is funding the lawsuit.

Roy Beck, the group’s executive director, said what’s at stake is ICE agent’s ability to deter more illegal immigrants, who could wreak havoc with the job market.

“Without immigration enforcement, the labor market would be filled until wages fell either to the global average or the federal minimum wage,” he said. “These agents are protecting every working American’s level of income and wages.”

Immigration agents sue to stop Obama's non-deportation policy - Washington Times

Immigration agents file suit against Napolitano over 'amnesty' program

By Shannon Bream
Published August 23, 2012
FoxNews.com


Aug. 6, 2012: Homeland Security Secretary Janet Napolitano talks with a video crew for a TV show in Hangar One at Air Station Kodiak, Alaska.



Ten federal immigration agents have filed suit against Homeland Security Secretary Janet Napolitano claiming recent directives are forcing them to break the law and ignore their duties when it comes to deporting illegal immigrants.

The suit was filed Thursday in Texas federal court by Immigration and Customs Enforcement officials. It challenges recent directives allowing some illegal immigrants -- particularly non-felons and those who came to the U.S. as children -- to stay and in some cases get work permits.

The suit, obtained by Fox News, says the agents are being forced to "violate federal law." It says the new directive "unconstitutionally usurps and encroaches upon the legislative powers of Congress." ICE Director John Morton is also named as a defendant.

Kris Kobach, lead attorney on the case, equated the move to give thousands of illegal immigrants a reprieve to the failed Fast and Furious gun-walking operation.

"In both instances, the Obama administration ordered federal law enforcement agents to break the law, to ignore the laws that they're supposed to enforce, and in the case of the ICE agents to actually break federal laws that say you're supposed to deport certain people," he said. "And in each case, the Obama administration seems to be doing so for political reasons."

Napolitano defended the new rules during testimony last month before the House Judiciary Committee.

"These policies promote the efficient use of our resources ensuring that we do not divert them away from the removal of convicted criminals by pursuing the removal of young people who came to this country as children and who have called no other country home," she said.

The Supreme Court has recognized the ability of the federal government to use what's known as "prosecutorial discretion" in the enforcement of immigration law. In the recent case over the Arizona immigration law, the court defended the government's ability to make "some discretionary decisions."

In the suit, the agents are asking a federal judge to block the directives in question, saying they amount to an end-run around Congress and violate the separation of powers between the Legislative and Executive branches.

Republican lawmakers released a flurry of statements Thursday backing up the suit and challenging the administration policy.

"The Obama administration's amnesty program not only rewards lawbreakers, it also forces ICE agents to violate federal law. ICE agents should enforce our immigration laws and apprehend illegal immigrants. But the Obama administration makes it impossible for ICE agents to do their jobs," House Judiciary Committee Chairman Lamar Smith, R-Texas, said in a statement.

Immigration agents file suit against Napolitano over 'amnesty' program | Fox News

Sessions On ICE Lawsuit Against Admin: Agents' Jobs Under Threat For Upholding Law, Protecting Public

dothanfirst.com
Updated: August 23, 2012


U.S. Sen. Jeff Sessions (R-AL), a senior member of the Senate Judiciary Committee, issued the following statement regarding a lawsuit filed today by frontlines officers for U.S. Immigration and Customs Enforcement, including Chris Crane, President of the ICE officers' union. The lawsuit against Homeland Security Secretary Janet Napolitano and ICE Director John Morton charges that the Obama Administration's new deferred action and prosecutorial discretion directive "commands ICE officers to violate their oaths to uphold and support federal law":

"It is a sad day when our nation's law enforcement officers are left with no recourse but to file suit against the Administration and its political appointees. America was poised to make great progress on immigration enforcement--after Congress was forced into action by the American public--but the President's unilateral pursuit of far-reaching amnesty has not only undermined this progress but reversed it. The men and women who swore an oath to uphold the law and protect the public safety are now forced to ignore the law if they are to remain secure in their jobs. We already know of one officer who faces suspension for arresting a 35-year old illegal alien with multiple misdemeanor violations and apparent ties to a fugitive. Understandably, we are told agent morale has never been worse.

While the Administration informs the public that its policies are narrow in scope and limited in application, the truth is that effective enforcement has been made nearly impossible. Those serving on the front lines are being forced to release offenders who pose a clear threat to public safety. They see the violence, the chaos, and the lawlessness on a daily basis.

All Americans, immigrant and native born, will have a better future if America remains unique among nations for the special reverence it places in the rule of law. We do no service to this nation and those seeking a better future by eroding the values that have made us great. It is time to end the lawlessness, not surrender to it. Only then can we move forward together to tackle and solve these complex problems in a united and principled fashion."

NOTE: Nearly three weeks ago, Sessions sent a letter to ICE Director Morton demanding to know why an ICE agent faces suspension for seeking judicial proceedings for an illegal alien who was apprehended in connection with a fugitive investigation, and later found to have at least 10 prior traffic conventions, including driving without a license. His superiors released the apprehended alien over the officer's public safety concerns. To date, Morton has failed to respond or provide any information about this controversial case.

Sessions On ICE Lawsuit Against Admin: Agents' Jobs Under Threat For Upholding Law, Protecting Public

I surely hope that the public does not let go of this. If the courts do what seems to be the only correct thing this may bring the eventual empowerment to BP and ICE to do its job fearless of individual"s political position. If enough of the public consequently brings adequate pressure upon Congress - this could change things tremendously. I know that I'm more excited than I've been in 22 years of fighting illegal immigration. (Don't evaporate my pink cloud -lol) Thils is the VERY FIRST time that I've even allowed myself to be hopeful

Thanks to all for standing for action against illegal immigration enmasse. Thanks to those assisting in instigating this court action!

it About time you all are standing up to Obama . it your job . & this is for every One stand your ground
wake the hell up No amnesty Or Dreama act
Come On Congress wake the hell up

I'm glad some type of law enforcement is actually trying to enforce immigration law. In CA all the police agencies could care less about the illegals.

We have a right to be proud of people stepping forward, especially law enforcement!! Support them!

Originally Posted by kevinssdad

I surely hope that the public does not let go of this. If the courts do what seems to be the only correct thing this may bring the eventual empowerment to BP and ICE to do its job fearless of individual"s political position. If enough of the public consequently brings adequate pressure upon Congress - this could change things tremendously. I know that I'm more excited than I've been in 22 years of fighting illegal immigration. (Don't evaporate my pink cloud -lol) Thils is the VERY FIRST time that I've even allowed myself to be hopeful

Thanks to all for standing for action against illegal immigration enmasse. Thanks to those assisting in instigating this court action!

Can only imagine how frustrated and useless these agents feel because their hands are tied from doing what they were hired to do.

Sincere good luck to them with this lawsuit. Good to see someone in law enforcement that wants to help enforce our immigration laws.

Ten ICE agents file suit against policies on illegal immigrant removals

By Carol Cratty, CNN
updated 8:13 PM EDT, Thu August 23, 2012

ICE agents filed suit against Department of Homeland Security Secretary Janet Napolitano and ICE Director John Morton.

Washington (CNN) -- A group of Immigration and Customs Enforcement agents filed suit Thursday against new policy directives on removing illegal immigrants.
The plaintiffs say obeying new
administration priorities on what types of illegal immigrants should get priority for deportation could place agents in violation of federal law.

The agents filed suit in Dallas against Department of Homeland Security Secretary Janet Napolitano and ICE Director John Morton.

The suit cites recent policy decisions to allow young people brought to the U.S. before the age of 16 who meet certain criteria to apply for a two-year relief period in which they couldn't be deported. The complaint also objects to the policy of prosecutorial discretion in which ICE agents are supposed to focus their attention on dangerous criminals who are illegal immigrants.

Undocumented immigrants line up for relief from deportation
In a nutshell, the agents -- one of whom is the president of the ICE Agents and Officers Union -- do not want to obey the new policies and do not want to face any disciplinary actions or lawsuits if they continue to arrest any type of immigrant who is in the United States illegally.

"Federal regulations do not authorize the Secretary to grant deferred action wholesale to a large number of illegal aliens," the suit said in reference to Napolitano's directive on deferred removal for young people

The 10 agents who brought the suit are asking for immediate and urgent relief. "They are being ordered to violate federal law and are facing discipline or adverse employment action if they follow federal law," according to the court document.
Matt Chandler, a spokesman for the Depa
rtment of Homeland Security, responded, "DHS uses prosecutorial discretion to assist in focusing vigorously on the removal of individuals who are convicted criminals, repeat immigration law violators, and recent border-crossers."

Chandler said the Deferred Action for Childhood Arrivals decision is a temporary measure until Congress takes action on reforming immigration policies and that it "ensures that responsible young people, who are Americans in every way but on paper, have an opportunity to remain in the country and make their fullest contribution."

The DHS spokesman also said that in fiscal year 2011 ICE removed 216,000 criminal illegal immigrants, a figure Chandler said is the largest in history and an 89% increase over the administration of President George W. Bush.

Several members of Congress came out in support of the ICE agents' suit. Sen. Charles Grassley, R-Iowa, said the administration's policies are "having a very negative effect on our immigration law enforcement officers' ability to secure America's border and defend the rule of law."

Undocumented students in their own words

"ICE agents should enforce our immigration laws and apprehend illegal immigrants," said Rep. Lamar Smith of Texas, the chairman of the Judiciary Committee.

"But the Obama administration makes it impossible for ICE agents to do their jobs."

One of the lawyers representing the 10 ICE agents is Kris Kobach, the Kansas secretary of state. He also worked on Arizona's controversial immigration law and is an informal adviser to presumed Republican presidential nominee Mitt Romney.

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Ten ICE agents file suit against policies on illegal immigrant removals - CNN.com

Originally Posted by JSealsx4203

I'm glad some type of law enforcement is actually trying to enforce immigration law. In CA all the police agencies could care less about the illegals.

RELATED

http://www.alipac.us/f12/159-409-dep...2012-a-263004/
CA - 59,535 *


May 16, 2011
http://www.alipac.us/f12/l-sheriff-l...d-guys-227176/
In Los Angeles County, the Sheriff's Department also participates with ICE in a program known as 287g. Since 2006, that program has identified more than 20,000 criminal illegal immigrants here.

Jan. 5, 2011
CA. Gov. Brown is a supporter of Secure Communities
and as state attorney general ratified the agreement with the federal government.
http://www.alipac.us/f12/ca-gov-brow...nities-213054/

Feb. 23, 2012
http://www.alipac.us/f12/ca-gov-brow...aliens-251557/

2/24/2011
http://www.alipac.us/f12/all-58-ca-c...nities-218534/

California 287g counties
Los Angeles, San Diego, Imperial, Riverside, Santa Barbara, San Luis Obispo, Solano, San Joaquin, Sonoma, Sacramento, Stanislaus, and Ventura.
http://www.alipac.us/ftopicp-1190243.html
comment @ http://www.alipac.us/f12/all-58-ca-c...nities-218534/