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.
By Jim Khouri CPP.
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Finally maybe people are waking up to this imposter ?!?!?!? GET HIM OUT OF OUR WHITE HOUSE….NOW !!!!
I totally agree, i’m just wondering when it is going to happen? before it’s to late? It needs to be done like years ago, he is nothing but a lying POS. HE wants total control he wants everyone to be totally dependant on the Government, well this chick ain’t biting. When will they want to start tatooing our right hand? I can’t say i’m scared of our leaders, because God is in total control of my life and he’s never gonna give me more than I can endure. It makes me a stronger person.
Obama has the money and power backing him so all he has to do is what he is told. I believe he will remain in charge until his big money string pulling puppet masters are finished with him then he will somehow be eliminated. Due to voter fraud placing Obama in office 2 times I am sure the Democrats will take control of Congress after the 2014 elections. Then Obama will appoint his Supreme Court Justices and that will be the last nail in America’s coffin. I do not think anything or anyone can stop the Obama machine. I also believe the only reason he is sending planes and tanks to the Middle East is to help wipe Israel off the map. The US will be next.
With all due respect, the House would have been taken already. Conservatives actually gained seats. I also am pretty much an expert on military strategic matters. I do oppose the transfer of F-16′s and Tanks to Israel and congress seems to be ignoring our calls to stop it. Israel will persevere.
We all oppose the the transfer of F-16′s and Tanks to Egypt. (not Isael) But Congress said it is OK. Call your Congress person and tell them. I did.
@Sky 1961———— [[I totally agree, i’m just wondering when it is going to happen? before it’s to late? It needs to be done like years ago, he is nothing but a lying POS}}
I firmly believe everyone is afraid of him.. along with the blacks in this country if he is booted from Office… look what they did at the Riot they had in Calif… and it was small compared to what destruction they would do all over this country…
GOOD! The opposition to an illegal un-vetted criminal tyrant is growing. The people are waking up from their dream only to find they are in a nightmare. They are now are fighting back. That free birth control for everyone he’s mandated is not going over so well either. People are pissed about it and they are loudly protesting against it. GOOD!
We shall see how long it takes for the judge to change his mind. No one dare go against the Obama machine!!!
I just hope they live long enough to testify, people with this administration have a way of dying off before blowing whistles.
they are gonna let anyone cross our borders go easy on them. But then they are gonna all but strip down a child in a wheelchair at the airport. SMDH
Excellent post that hits right in the gut. Doesn’t makes sense that we allow it to continue. They also stripped down an elderly lady to her depends undergarments. Can only imagine how humiliating that must have been for her. But anyone here illegally is breaking the law and that’s okay. Last I looked, illegal meant against the law. Anyone going against the law is breaking the law. Illegal immigration is against the law of legal immigration, therefore breaking the law. Whatever the penalties are must be carried out. Period. End of story.
Why do they make new laws when they don’t uphold the ones already on the books? These are laws that they swore to uphold and they are not doing that. They disregard the law instead and make new ones to suit themselves. They are breaking the law by going against it. They are openly, blatantly and arrogantly breaking our constitutional laws right in our faces. They are all criminals. Every last stinking one of them.
The US citizens are waking up and taking hold of our Constitutional right to fight back against tyranny. We are a Constitutional Republic – Rule of Law. We do not have to go for just anything they say in their lawbreaking and evil quest for money and power.
Good for the ICE agents! Don’t visit the TownHall website above. The website is not conservative and any patronage there will not benefit you because Town Hall was taken over by Salem Communications which is quite largely a liberal based organization. Town Hall use to have a community forum for bloggers to share their concerns like in a real town hall. The community blog forum has been removed and the website has been prioritized for purely commercial purposes for profit. The goal of organizations like Salem Communications is to interfere and prevent conservatives and Tea Party activist from connecting and getting organized. Good for the ICE agents!
Why do we need a Department of Homeland Security, Just go home, the Illegal Mexicans come & Go as they Please, just more Stupid Big, Bad, Behemoth, Bloated, Bankrupt, Gimme-mint waste of taxpayer money.
Homeland security is Ovomit personal domestic army.
AND the good news is: Morton quits as of Friday!! QUITS/FIRED who cares? What difference will it make? Adios A**hole!!
Great news, although all of the Judiciary´s and US Administration responsibility calls for the defense of American frontiers from the invasion of FOREIGN CITIZEN INVADING American Territory. There exist no such persons as ILLEGAL IMMIGRANTS. The current US President is a Kenyan Citizen, an Anti American, Muslim half breed, or mulatto, who should be deported, but seems to be above all US laws and the Constitution.
I think that we should go to the border as a large group and just start shooting them when they come across if we do it as a group they couldn’t prove who did it. If we did that maybe they would soon quite for fear of their life.
The illegal immigration problem can be solved!
Here is my solution:
Deny all benefits (incentives) to all illegal immigrants.
Have a point where all immigrants are documented. Whether you come here by land, water, or air. That what Ellis Island was used for.
Amend the 14 Ammendent. No more anchor babies.
Establish English as the official language of the United States.
Deny all benefits (incentives)
I would create a National ID card with the person’s picture, their SS#, their finger print along with a hologram that cannot be duplicated which has to be presented by anyone to any law enforcer when asked. This is for your own protection, not to intimidate you. You would be issued one after you took the oath and become a citizen.
All future visitors will be thoroughly checked and limited to 90 days unless given a special permit!!!! No one from a terrorist nation will be allowed entrance!!! Asylum would never be available to anyone.
If you are caught aiding, abetting, renting, or hiring an illegal immigrant you will be fined $25,000 and 1 year in jail. 2nd time, $50,000 fine and 5 years in jail.(mandatory)
I would let it be known if you are caught sneaking across our border you will be shot and your body will be tossed back across the border dead or alive or by parachute over your homeland.
Yeah yeah I know there are people who are really against the shooting part, but if a couple of the trespassers are shot and wounded (not killed) thrown back across the border and they THOUGHT we were shooting to kill, it would definatly send a loud and clear message to the rest to think twice before attempting to sneak across.
Bingo! problem solved. We would not have to spend taxpayers money to deport the illegals already here nor money to build a fence or wall. Compassion and understanding go just so far. If you knock on my door I will invite you in. If you try to sneak in or break in you will suffer the consequences!!!
We can talk all we want to about booting him and her out of the white house.. but it AIN’T gonna happen… people are actually afraid of him…… as they should be too