.
4/18/13, "Violating Immigration Law — by Executive Command — in Texas," NRO, Andrew Stiles
"A lawsuit argues that DHS and ICE directors are punishing agents who follow the law."
"In Texas, a federal judge is set to rule within days on a pending lawsuit that has gone largely unnoticed, although it could have serious implications for the immigration debate.
The
suit pits the Obama administration against its own
immigration-enforcement agents, who are suing over the administration’s
use of “prosecutorial discretion” to dictate how immigration law is
enforced — or not enforced. A group of ten U.S. Immigration and Customs
Enforcement (ICE) agents has charged that a series of policy directives
from ICE and the Department of Homeland Security (DHS) effectively
“commands ICE officers to violate federal law” and face possible
suspension or termination if they refuse. Critics of the Gang of Eight’s
proposal worry that if nothing is done to prevent future
administrations from similarly ignoring immigration laws, the country
will inevitably face another crisis down the road.
A federal judge in Dallas heard arguments in the case on April 8, and he
is expected to issue a ruling in the coming days. The plaintiffs are
seeking an injunction against a June 2012 directive
from Homeland Security Secretary Janet Napolitano that instructs ICE
officers to refrain from initiating deportation proceedings for illegal
immigrants who may qualify for what is sometimes referred to as “DREAM
status.” Immigrants who might qualify would be those who were brought
here illegally as children, who are currently enrolled in school or are a
member of the military, and who have not been convicted of a serious
crime.
The ICE agents claim that the directive “violates the obligation of the
executive branch to faithfully execute the law,” which mandates that if
immigration officers find that a detainee is in the country illegally,
that individual “shall be detained” for removal proceedings. The Obama
administration, however, is arguing that the word “shall,” in this
instance, actually means “may.” The resulting enforcement breakdown has
led officials to release dangerous criminals without charge. One of the
most “shocking” examples of this, notes Kris Kobach, the attorney
representing the plaintiffs, is the case of ICE agent Samuel Martin.
On July 17, 2012, an illegal immigrant who had been detained on a domestic-assault charge in El Paso, Texas, allegedly assaulted Martin and a
colleague — a federal felony charge — as they tried to place the
immigrant in a vehicle. When Martin, who would later require shoulder
surgery as a result of the incident, sought to initiate removal
proceedings against the immigrant, his ICE supervisors told him to
release the detainee without charge. According to the plaintiff’s court
filing, the agents protested, but were told that “it was a management
decision, based on the President’s new immigration policies.” ICE
supervisors, with an eye to possible disciplinary action, subsequently
questioned the agents.
“Most of the people turned loose are criminals, people who have been arrested but not yet convicted,” Kobach tells National Review Online.
“This is really a dangerous policy that results in hundreds, if not
thousands, of illegal aliens [who’ve been] arrested for crimes being
turned loose on the streets.”...
Crane met with Senator Marco Rubio (R., Fla.), a leading member of
the Gang of Eight, on Monday, after repeated requests. After the
meeting, he formally asked Rubio to delay the release of the legislation
until “our officers and experts can provide real legislative input.”
That didn’t happen. Crane’s biggest concern is that the Obama
administration’s ability to ignore current immigration law is a strong
sign that any future enforcement measures are unlikely to be
implemented. “The single biggest breakdown in our entire immigration
system is the fact that every president and every president’s appointees
are able to pick and choose which laws they will follow and which laws
they won’t,” he says.
Rubio, for his part, acknowledged such
concerns in a conference call with conservative journalists on Tuesday.
“People have a right to be skeptical about this administration’s
commitment to enforcing immigration law,” he said. “The good news is
that Barack Obama will only be president for three-and-a-half [more]
years. He won’t be president forever.” ICE agents tasked with enforcing
the law are hoping they won’t have to wait that long." via Mark Levin
-----------------------------------
Ed. note: Marco "Mr. Happy" Rubio. I just don't care for phonies.
.
.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment