Skip to comments.Judge Sides With ICE Agents: Says Obama Admin. Can't Refuse to Deport Illegal Aliens
Posted on 04/24/2013 8:20:21 PM PDT by montag813
Above: ICE Union President Chris Crane, who filed the lawsuit against DHS.
In a stunning order, a federal judge Wednesday said that the Obama administration is likely violating the law by telling immigration agents and officers not to arrest illegal aliens they deem "low priority", in a lawsuit brought by ICE agents that could derail Obamas plan to undermine immigration enforcement nationwide.
Federal Judge Reed O'Connor said in a court order Tuesday that Congress, not the president, sets priority for arresting illegal immigrants, and said the law requires them to be put in deportation proceedings.
The court finds that DHS does not have discretion to refuse to initiate removal proceedings, Judge O'Connor wrote in a stunning order few had expected.
Though not a final order, the judge shut the door on the Obama Administration's effort to throw out this lawsuit, and guarantees a major battle ahead which could overturn Obama's "virtual amnesty" for millions of illegals.
As we have reported, for the last several years the administration has conducted an arrogant, multi-pronged attack on the rule of law - first via the 2011 memorandums from the ICE Director and DHS Secretary, to an amnesty decree from Obama last year - in total outrageously shielding between 3 million and 5 million illegal aliens from arrest or deportation.
The Homeland Security department claimed it was using prosecutorial discretion, and ordered agents to comply and refuse to enforce the immigration laws.
ICE immigration agents and officers sued (click to donate to ICE Fund), saying federal law requires them to make the arrests, but the Obama administration would discipline them if they complied with the law.
The judge said if Homeland Security officials want to set priorities for who they deport, they can do that later but they cannot control who agents arrest.
The order is not a final ruling. Judge O'Connor said he still needs more information from both the administration and the immigration agents about whether the agents had another avenue to protest the policy rather than to go to court. He asked both sides to submit more information by May 6.
Still, Tuesdays order makes clear that the judge rejects the central part of Mr. Obamas claim that he can use discretion to decide not to arrest some illegal immigrants.
The case was brought by the U.S. Immigration and Customs Enforcement (ICE) Council, the labor union that represents ICE agents and officers.
Below see testimony from the brave ICE Union President Chris Crane, who is leading the lawsuit (Crane v. Napolitano et al) about how the Administration has decimated immigration enforcement against illegal aliens - and how they have punished ICE agents for enforcing the laws...
Excerpt...click here for the full article...
there was a time when not following a law was considered violating it.
They’ll just find another judge to overturn this judge. I have given up hope at this point. Short of a miracle, we’re doomed.
Barry Soetoro and his pal Eric the Holder need to be arrested and tried for violating U.S. law.
Sheriff Arapio will like this ruling since Obummer refused to let ICE accept any illegels that Arapio caught.
Sheriff Joe should like this ruling.
DHS’s head chief bib sis lied to the public and now this, a judge rules in favor of the law and the ICE.
This, btw is evidence sufficient for impeachment. Evidence, on the record that Barry O tried to sanction an INS agent for doing his constitutionally protected job.
It just keeps getting better. I can see why the commie libs are in a hurry to dump Soetoro and get Slick Willie’s wife into the Oval Office.
This ruling will be appealed, and enmeshed in snarls of judicial bureaucracy until the fall of the American Republic.
Even if they win.. Zippy Zero will just ignore it. Just like the NLRB..
This means nothing. The Marxist pig in the White Hut has proven he has absolutely no respect for the rule of law.
WRONG. If they win this case, it means everything. It means they can ignore DACA orders and DHS memos without threat of disciplinary action. It means that state authorities can ignore ICE and DHS orders to release criminal aliens. It even means that DHS could not refuse to cooperate with departments like Sheriff Joe Arpaio's - from who Big Sis has cut off ICE 287(g) databases.
with all due respect, I am tired of people saying we are doomed, screwed, dead etc etc. The real fight hasn’t even started yet unless your one that will sit out a freedom fight..... I’d rather die in battle than live as a slave to the state...
But since the BP is only stopping about 40% that sneak in, I wonder if this ruling is going be any help.
I probably am just getting my shorts in a bunch for nothing since the administration will just shop and find a judge to overturn the ruling.
I just got this email with a video link— it needs to go viral- maybe already posted before? Our wonderful IRS paying illegals.
It's been a very, very rough couple of weeks for obama. He's probably due for another tantrum.
I vote yes, yes, and yes......
Thank you for saying this. I agree, the fight hasn’t really begun. Until more people get a clue what is happening, this thing is just on simmer.
As for this thread, didn’t obama get in trouble years ago for suing AZ over their illegal immigration bill? I’m trying to remember the particulars of that.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.