Fed-Up Immigration Agents Sue Obama Admin. For Right to Do Their Jobs
- Posted on August 23, 2012 at 1:30pm by
Jason Howerton
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This photo provided by the U.S. Immigration and Customs Enforcement, Wednesday, March 28, 2012, in New Jersey, shows agents taking a person into custody during operation Cross Check III. (Credit: AP)
A group of immigration agents filed a lawsuit against the Obama administration Thursday, saying they are sick of being told not to do their jobs, a feeling intensified by the president’s new non-deportation policy and a previous memo directing them not to arrest certain illegal immigrants.
A total of 10 Immigration and Customs Enforcement (ICE) agents and deportation officers filed the lawsuit in federal court to try to do away with both initiatives, The Washington Times reports.
Since taking office, President Obama has taken drastic measures to loosen the nation’s immigration laws. In addition to the president’s new executive order that protects younger illegal aliens from deportation, the Obama administration has shut down numerous Border Patrol stations, ended a crucial ICE program that allowed local law enforcement agencies to enforce federal immigration law and actually instructed Border Patrol agents not to make arrests.
The 10 U.S. ICE agents and deportation officers said Obama’s policies have put them between a rock and a hard place. They can either enforce the law and be reprimanded by their superiors, or fail to enforce the law and violate their own oaths of service. In fact, a 1996 law requires the agents to demand proof of legal status from individuals they suspect are in the country illegally.
High-profile attorney Kris W. Kobach, who is also secretary of state in Kansas and a staunch promoter of Arizona’s immigration law and other immigration crackdowns, is representing the agents.
“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,” Kobach told The Washington Times.
Last week, thousands of illegal immigrants lined up to take part in the Obama administration’s “deferred action” program and began submitting their applications to the Department of Homeland Security. Once again, the program allows illegal aliens who are 30-years of age or younger and have a decently clear criminal record to avoid deportation and acquire work permits.
“The Directive commands ICE officers to violate federal law,” the lawsuit states, “as detailed below, commands ICE officers to violate their oaths to uphold and support federal law, violates the Administrative Procedure Act, unconstitutionally usurps and encroaches upon the legislative powers of Congress, as defined in Article I of the United States Constitution, and violates the obligation of the executive branch to faithfully execute the law, as required by Article II, Section 3, of the United States Constitution.
Not surprisingly, ICE wouldn’t comment on the lawsuit. But don’t expect President Obama or his administration to back down at all — they have continually defended the legality of his new immigration policies.
More from The Washington Times:
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 included in the agents’ lawsuit is the case of ICE Agent Samuel Martin, who picked up an illegal alien from an El Paso County jail and was assaulted as the man tried to escape. The illegal alien also reportedly assaulted a second agent.
Here’s the kicker. When they brought the man to ICE’s processing center, so-called “supervisors” told Martin that the illegal alien had to be released to comply with the Obama administration’s new policies — not the president’s “DREAM Act” but a previous memo from ICE Director John Morton who instructed agents only to give priority to criminals and repeat offenders. Keep in mind, assaulting a federal officer is a federal crime, punishable by up to 8 years in prison.
Another veteran ICE agent was recently threatened with suspension for arresting and illegal alien and refusing to let him walk — against the orders of his superiors.
It is because of instances like this that Chris Crane, the president of the National ICE Council, says morale is in the toilet among ICE agents.
“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,” Crane last month.
Additionally, Roy Beck, executive director of NumbersUSA, the group funding the lawsuit, said the current administration’s amnesty-style policies could also affect the U.S. 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.”
The Washington Times points out, “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.”
Read the entire lawsuit here.
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Comments (110)
kickagrandma
Posted on August 23, 2012 at 2:20pmHallelujah, y’all!!! Get after it. It’s about time, actually it is way past time, for REAL AMERICANS (all races) to stand up and take our country back from the godless heap of camel dung that has been in charge far too long.
YES, AMERICA!
Report Post »AJAYW
Posted on August 23, 2012 at 2:28pmIts a shame that a group of immigration agents has to stand up to protect the Constitution, account the do nothing Congress won’t. We have lost our way
Report Post »Detroit paperboy
Posted on August 23, 2012 at 2:33pmNext they will be required to drive them to the nearest welfare office , fill out the paperwork in order to maximize benefits, on money borrowed from red china……and register them to vote DEMOCRAT…..
Report Post »Bowlz
Posted on August 23, 2012 at 2:46pmGod Bless them! It only takes a couple in position to stand up and turn the tide. Between this, the SPECOPS commercial, and the Tea Party; the ship is starting to turn.
Report Post »Wildblue3
Posted on August 23, 2012 at 3:12pmThey are doing it at the right time though. The Media will have cover this at the election stops. Obama will be questioned on it and Issa can also put the screws on him.
Report Post »oneshiner
Posted on August 23, 2012 at 3:29pmWho are we? What are we doing here? Can‘t believe our agents can’t uphold our laws and get their hands tied against what’s right. No other country allow illegals into their country like we do. Let’s get our priorities straight and vote for the conservatives who also believe in protecting our Country.
Report Post »Boone2
Posted on August 23, 2012 at 3:59pmThnk God for these upstanding Ice employees. If they need help in this let us help them with all thats within us. This is very GREAT news, but don’t let this prevent YOU from getting involved yourself and Go To : https://www.numbersusa.com/content/
Report Post »Please get activated its free and very effective. click on the “take action” button and get going with the determination to stop Illegal Immigration and Enforce our existing Immigration Laws.
Please do it Now!
lukerw
Posted on August 23, 2012 at 4:26pmNow… these are some Real Heroes!
Report Post »eagledown
Posted on August 23, 2012 at 4:34pmWe need to put safeguards in place for Executive Order privileges for POTUS’s.
BO has proven that this privilege can abused by any Marxist who rules by fiat, and wipes is A** with the constitution on a daily bases He thumbs his nose at what we would call normal processes of how our governments checks and balances work. “Congress is irrelevant”. We need ALL of his past Executive Orders to come under Judicial review. Any Congressman with some balls what to take this on?
Report Post »Boone2
Posted on August 23, 2012 at 4:42pmUrgent Action “Its Free, Help Now! https://www.numbersusa.com/content/
Roy Beck of NumbersUsa.com
Federal immigration agents just now filed a suit against Janet Napolitano’s DREAM amnesty
All summer, citizens have been crying out, ‘Why doesn’t somebody take this to court!‘ over Janet Napolitano’s Dream amnesty directive.
THIS MORNING, ICE AGENTS DID . . . with the promise of help from NumbersUSA members!
In the last hour, a group of 10 federal immigration-enforcement agents — including the president of the agents’ union — filed suit against Department of Homeland Security (DHS) Secretary Janet Napolitano and ICE Director John Morton.
The suit seeks an injunction against Napolitano’s June 15 directive that includes issuing work permits to a whole class of illegal aliens, estimated at 1.7 million, under the age of 31. The 10 agents of the Immigration and Customs Enforcement (ICE) section of DHS contend that the directive for the amnesty that DHS began to hand out on Aug. 15 is “unlawful and unconstitutional.”
Report Post »Please Get active, go to the link above: NumbersUsa.com.
Rob in Katy
Posted on August 23, 2012 at 5:44pmMaybe they can investigate Obama…
Report Post »euragone
Posted on August 23, 2012 at 6:13pmHow about we keep the E-Lee-Gulls and deport Obama!
Report Post »SaintzOfAk
Posted on August 24, 2012 at 10:59pmHere‘s something u knuckleheads aren’t talking about. George Soros is the primary stake holder in the voting company out of Spain that will be counting American votes. Seeing how the Left is pulling all punches and doing whatever! it takes to win..including murder, lie, steal, distort, subdue Etc.
And considering that the way the votes are handled, is to send the results to Spain B4 anyone in this country can even look at the results. Afterwards, the results are sent back to the US to verify the counts. But do any of u honestly believe that the votes won’t be manipulated?….
Your DAMN! right they will be altered, and with no way to prove the integrity of the original results sent to the company. Why the hell else would George Soros have his hand in this company. This is where the Real! Battle should be taking place. We need to change this whole nightmare dog and pony fkn show. Their going to steal the election…..MARK MY WORDS…THEY ARE GOING TO STEAL THE ELECTION.
Report Post »WeDontNeedNoSteenkinBadges12
Posted on August 25, 2012 at 3:36am“Fed-Up Immigration Agents Sue Obama Admin.”
Report Post »Sue? Sue? Arrest that half-black Kenyan illegal alien bastard (did I include everything?). That’s your job …
Female
Posted on August 23, 2012 at 2:20pmInteresting!
Point about flooding US w/cheap labor and financial consequences, more manipulation of our economy?
Report Post »Sirfoldallot
Posted on August 23, 2012 at 2:40pmHow can orders be 2 break the orders of law ? Who is in charge here ? Rise up against the nutzo.
Report Post »Sirfoldallot
Posted on August 23, 2012 at 3:02pmoh where did the lawyer come from ? Thought they all were on Obamas team.
Report Post »EqualJustice
Posted on August 23, 2012 at 3:41pmEven LIBERALS are waking up! I think BO is a gonner in 2012. Janet, Holder and CO, ALL of them, go with him. AMEN.
Report Post »barber2
Posted on August 23, 2012 at 4:08pmEQUAL: Do you think there is still a difference between an American liberal and an international Far Left Socialist / Marxist/ Communist – whatever the heck the international set calls themselves these days ?! ( think Obama‘s betting that there isn’t )
Report Post »Boone2
Posted on August 23, 2012 at 4:37pmAll Patriots and All Americans Please Read
Urgent Action “Its Free, Help Now! https://www.numbersusa.com/content/
Roy Beck of NumbersUsa.com
Federal immigration agents just now filed a suit against Janet Napolitano’s DREAM amnesty
All summer, citizens have been crying out, ‘Why doesn’t somebody take this to court!‘ over Janet Napolitano’s Dream amnesty directive.
THIS MORNING, ICE AGENTS DID . . . with the promise of help from NumbersUSA members!
In the last hour, a group of 10 federal immigration-enforcement agents — including the president of the agents’ union — filed suit against Department of Homeland Security (DHS) Secretary Janet Napolitano and ICE Director John Morton.
The suit seeks an injunction against Napolitano’s June 15 directive that includes issuing work permits to a whole class of illegal aliens, estimated at 1.7 million, under the age of 31. The 10 agents of the Immigration and Customs Enforcement (ICE) section of DHS contend that the directive for the amnesty that DHS began to hand out on Aug. 15 is “unlawful and unconstitutional.”
Report Post »loriann12
Posted on August 24, 2012 at 7:19amOr perhaps just making a history of friction between ICE and this administration so Oblama can later cme in and fire them all and put it under his “civilian army” who will do his bidding?
Report Post »pyeatte
Posted on August 23, 2012 at 2:15pmThe Obama Administration is the first anti-American Administration in our history. We need a President who has the best interests of our country at heart, and this one just doesn’t hack it.
Report Post »redneckgenius
Posted on August 23, 2012 at 2:15pmIf you can not understand how wrong this is you either need medical/psychiatric assistance immediately or you have your head so far up Obama‘s chimney you don’t know what soot looks like.
Report Post »randy
Posted on August 23, 2012 at 2:13pmIf 10 agents feel that way, you know the majority of them feel the same way. Obama needs to be tried for High Treason. We all know that Dems can’t win any election without illegal aliens or dead people voting!
Report Post »oneshiner
Posted on August 23, 2012 at 4:30pmSometimes you do as asked to keep your job, but when it goes against the grain and every fiber of what’s right, it’s time to rebel.
Report Post »A job, as important as one is these days, isn’t important enough to sell your soul to do things that are totally WRONG.
I applaud these guys who want to stand up for the right thing. When you know in your heart you’re doing something bad, it’s time to listen to your heart.
progressiveslayer
Posted on August 23, 2012 at 2:06pmOpen borders are essential for the maggot in chief to continue his destruction of our economy and the only way to stop the madness is to fire the maggot in chief.
Report Post »Snowleopard {gallery of cat folks}
Posted on August 23, 2012 at 3:10pmAnd do not forget old Soros and his “Open Borders Society.”
Report Post »progressiveslayer
Posted on August 23, 2012 at 3:43pmIndeed,another anti American group comprised of communists,socialists and anarchists.
Report Post »AvengerK
Posted on August 23, 2012 at 2:03pmRNC…it’s commercial time.
Report Post »JUSTANOTHEROPINION
Posted on August 23, 2012 at 2:00pmYep, out of control Government. Dems. and Repubs. both. We need to throw all the cowards out and start from scratch.
Report Post »Wildblue3
Posted on August 23, 2012 at 2:15pmI think we need to get rid of the job ‘Career Politician’. The founders knew power corrupts and absolute power corrupts absolutely. We also need to reduce their pay so they are more willing to return home afterwards.
Report Post »chips1
Posted on August 23, 2012 at 2:57pmDeport Obama!!! He can’t even prove who he really is and none of his papers are legal. In fact, he doesn’t even comply with his exemptions. Maybe we only have to obey the laws that we agree with because Obama picks and chooses. He is nothing special!!!!
Report Post »barber2
Posted on August 23, 2012 at 4:09pmCHIPS: Maybe Obama is “sensitive ” to illegals to cover his own problems with that issue !
Report Post »normalmom
Posted on August 23, 2012 at 5:21pmwildblue that is so true. That is what needs to be done, these politicians are so out of touch and bought off that they are totally clueless as to what the REAL legal American citizen wants and needs.
Report Post »spikebu
Posted on August 23, 2012 at 1:59pmPretty soon we’ll be seeing an order coming down directing doctors to not treat certain individuals. Too old, too white, too individual, too much money, too productive……
Report Post »Snowleopard {gallery of cat folks}
Posted on August 23, 2012 at 1:57pmGood, I hope they win.
Report Post »Arc
Posted on August 23, 2012 at 1:57pmOnce again PROFESSIONALISM has been “ sold short ” by this administration. This PIOUS approach to the Presidency has to be halted.
Personally, I applaud the ICE agents. They are the professionals which is something Obama and his side-kick Holder have ignored. And Napolitano sides with frick and frack. Who are the cabinets members that Obama meets most often? Maybe Holder……or Solis….. Exactly when is the last time he held a cabinet meeting? Sorry, my bad, I forgot the Czars who were appointed specifically to BYPASS the cabinets and CONGRESS. Hurry November.
Report Post »LakeHartwellSailor
Posted on August 23, 2012 at 2:40pmObama doesn’t consult with cabinet members, he consults with Valerie Jarrett
Report Post »mcsledge
Posted on August 23, 2012 at 1:54pmIf elected, Romney should consider charges of treason against his holiness. Once he has left office, he is subject to the Executive Brach by means of the Attorney General, not the Legislative Branch.
Report Post »AmericanPatriot
Posted on August 23, 2012 at 6:01pmAwesome idea!
Report Post »blackyb
Posted on August 23, 2012 at 1:51pmObama wants “mob” rule with the mobs being on his side of the equation.
Report Post »RJJinGadsden
Posted on August 23, 2012 at 1:49pmUnfortunately, these agents are probably going to find themselves on the Northern most border where Canada first touches Alaska. Remember the final pic of John Larroquette at the end of Stripes?
Report Post »Darmok and Jalad at Tanagra
Posted on August 23, 2012 at 2:05pmI think they will put them on the North Dakota border, in a speedo. But these guys will be able to do their job, it’s just that Obama is going to have Nerf guns issued to them.
Report Post »shoulda coulda woulda
Posted on August 23, 2012 at 1:48pmSo much for a nation of laws. How can people not see he (Obama) is setting himself up in a dictorial manner along with his devoted disciples. This is so scary, and the nation is willing to question it. Four more years of this stuff the 1% (socialists, communists, plain old power hungry) will be ruling the 99%.
Report Post »Wolfgang the Gray
Posted on August 23, 2012 at 3:46pmObama is a traitor to the Constitution that he swore to uphold and defend. He has betrayed the American Citizens. What is next if he gets 4-more years? Maybe he’ll start taking taxpayer dollars and paying retribution to every person on Earth that was not born in America. After all, they are victims for not being Americans and we are the greatest nation on earth so we can afford to pay the victims for our colonialism.
Report Post »mcsledge
Posted on August 23, 2012 at 1:48pmWho needs enemies when you have an American-hating President sitting in Washington seeking to destroy or way of life rather than improve it.
Report Post »Landon410
Posted on August 23, 2012 at 1:47pmlove this, its not going to go anywhere, and it wont get much coverage, but love this.
Report Post »Popp40
Posted on August 23, 2012 at 1:47pmi’m glad these 10 individuals have decided to take a stand…now we need to support them because we all know that Obama and the liberals will come down on them hard. We have seen it in the past with their Chicago style thuggery.
Report Post »blackyb
Posted on August 23, 2012 at 1:45pmThat man in our White House is going to have to be arrested if this insanity is to stop.
Report Post »blackyb
Posted on August 23, 2012 at 1:44pmWhat is going to end up happening is that ordinarily good people are going to be forced into committing criminal acts in order to defend this country. This president is unlawful and is committing unlawful acts against this country. He should be the one in jail. Get him out. What kind of nitwits are running this country when they will not arrest a man who is destroying this country?
Report Post »ISRAELISOURFRIEND
Posted on August 23, 2012 at 1:44pmCOMMUNIST IN CHIEF….
I’M TIRED OF THE COMMUNIST LIES!
Treason for goodness sakes, someone speak truth in the house for once!
Report Post »Wildblue3
Posted on August 23, 2012 at 1:41pmGood on them. I hope they win their case.
Report Post »jackact
Posted on August 23, 2012 at 1:41pmHa ha ha ha ha ha…..MEN in Napolitano’s Homeland Security Dept are suing the Feds.
Report Post »I knew there were a couple of MEN still left at ICE.
:)
blackyb
Posted on August 23, 2012 at 1:35pmA man playing President should not encourage breaking the law. He should be deemed unfit for office and thrown out.
Report Post »RJJinGadsden
Posted on August 23, 2012 at 1:46pmI’m shooting for that in November, then will probably not be able to sleep until 20 January.
Report Post »Spankster
Posted on August 23, 2012 at 1:49pmI agree BlackyB…the thing that I don‘t understand or can’t wrap my mind around is this…when they are sworn in as Law Enforcement Officers,they also swear to uphold our Constitution as does the Prez,Vice Prez,and all members of the Senate and Congress.Beg your pardon for the Z’s…I like to shorten things that way.
Report Post »Wildblue3
Posted on August 23, 2012 at 1:50pmAmen!
Report Post »salvawhoray
Posted on August 23, 2012 at 1:33pmWe need more lawsuits against this jackhole; at least one should stick.
Report Post »Gladius_Doctorae
Posted on August 23, 2012 at 2:23pmThats all well and good…but who the he11 will enforce it?
Report Post »