Immigration Agents Sue to Stop Obama’s Non-Deportation Policy

Stephen Dinan, Washington Times, August 23, 2012

Saying they are fed up with being told that they can’t do their jobs, 10 immigration agents on Thursday sued the Obama administration to try to overturn the president’s new non-deportation policy.

The lawsuit, filed in a federal court in Texas, adds a legal controversy to the political fight that has been brewing over President Obama’s immigration policies, which have steadily narrowed the range of immigrants whom 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 put those who entered the country illegally into deportation proceedings.

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 the 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.

{snip}

Matt Chandler, a spokesman for the department [of homeland security], said the administration thinks it is right to target deportation efforts on those with major criminal records or other priority categories. He also said more than 90 percent of those whom ICE deports meet those criteria.

“The secretary’s memo on Deferred Action for Childhood Arrivals is a continuation of the department’s focus on these priorities, and 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,” he said.

In their 22-page complaint, the agents say they have been told in broad terms to stop taking action on a whole class of illegal immigrants. They said they have been instructed not to bother asking for proof, either, but to take an immigrant’s word about qualifying for the president’s policy.

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 oftentimes 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.

{snip}

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  • Rocky Bass,

    This is a BIG issue, can a sitting president, issue executive orders that run counter to what the legislature wrought? Do we in fact have a KING or not?

    • crystal evans

      Remember Obama did this to placate Latinos because the Dream Act did not pass. All this allows is for young illegal immigrants to live in the US legally, get a work permit and a social security card and a drivers license. It does not give them a green card, US citizenship, federal financial aid, and instate tuition in states where this is not allowed.

      • Rocky Bass,

         What’s to stop Obongo from issuing yet more XO’s, to give the rest away as well?

      • The__Bobster

        With all of that, why would they need green cards?

      • MissBonnie123

        Their deportations are deferred for two years. But does anyone really believe they will leave after the two years are up? I believe if Obama is reelected, he will somehow circumvent the law and give amnesty to all of the illegal aliens in this country.

      • baby steps

        We won’t try too hard to deport you

        Now we won’t deport you at all

        Since you are here, why not go to school or get a job?

        You’ll need a license to get to and from work

        Well gee whiz, now that you live and work here, might as well just let you vote…

      • redfeathers

        I doubt it will end there.

      • This is how illegal invaders and their allies conduct business. Everything  is accomplished in increments. In two years, they will have another excuse as to why these squatting criminals cannot be deported. They keep stalling and implementing until one day, they have their amnesty. This is how it works with these criminals.

  • TomIron361

    This could actually be a bit of a sticky wicket for the fedgov.

  • Chimp Master Rules

    Probably just a bunch of mestizo-hating white racists.

    It’s always the white man who sees wrong and has the courage to white it . . . I mean right it.

    In most Haiti-Zimbabwe-Detroil type of governments, black kings pass whatever laws they want, kill anyone who opposes and go watch their big screens until time to pass the next “law.”

    But whites have a sense of morality, of rightness, or abiding by their oath and of doing what’s best for the clan regardless of personal consequences. 

    Said behavior is totally foreign to the negro, therefore, Obama, Holder and Moochelle are scratching their heads thinking: 

    Probably just a bunch of mestizo-hating white racists.

  • potato78

     as I said it is voting system.   You will count the numbers.  So how do you use your power if you are the US president?  Bring more people in.   How do you bring more people in?  Let illegal immigrants become democratic-affiliated people.  So they will get more votes from people who are sympathetic to them or their relatives and friends. 

    • We live in a “Votocracy”

      The only thing that matters is the vote.

      • Rocky Bass,

         That’s mob rule then. So now to find if rape, or murder, or child molestation is “wrong”, we just take a vote and see where the political winds have blown morality on any given day. When nothing is beyond the whim Dejur, a charismatic character, could convince the majority to allow anything .

    • potato78

      Let us see how important the voting number is.

      Listen to what Obama said to Dmitry Medvedev.
      http://news.yahoo.com/obama-says-hes-not-hiding-ball-russia-034105867.html 
      “Obama got caught on tape Monday telling Russian President Dmitry Medvedev that he would have more room to negotiate onmissile defense after getting through a November election, presumably expecting to win and not have to face voters again.”

      What this news is telling is that politicians really like voters for their own political gains.

      What kind of people you elected is very important!!!!  But the person you elected may be cheating on you. “read my lips.”  Sorry.  This is politics.

    • redfeathers

      Will anyone do anything about the anchor baby nonsense?  Maybe these “dreamers” will never be given citizenship, but their children will be citizens.  I have a dream too.  Kris Kobach for Attorney General.

  • Diamond_Lil

    Got to love Kris Kobach – one of the few white men in politics today with a spine.

    • potato78

      Yes! No Spines at all.

      They don’t need a spine.  Money talks.

  • potato78

    Congress can not be escaped on this issue.  The real problem actually  is that nobody really or truely care about all those issues.  What They really care about is voting or numbers for themself.  What am I going to do for my second term, third term, and on and on.  Sometimes, I think that the congress is worse than the president of the US.

    • NM156

      Boehner is a Republiwhore, beholden to the US Chamber of Commerce and cheap labor lobbies. He’s a fraud.

  • “Wherever Kris Kobach goes, sorrows and trouble follow.” — Mark Potok

    A ringing endorsement, if ever.

    I’m starting to think that the conservative Christians are starting to come around a little bit on immigration.  Kobach lives in Kansas City, on the Kansas side, (obviously, for he is Kansas’s elected Secretary of State).  Before that, he was a law professor at the University of Missouri – Kansas City law school.  Kansas City is the home office of a chain of Christian radio stations called Bott, which has two stations in St. Louis.  Kobach does periodical radio commentaries for the Bott network, and he often uses them to talk immigration.

  • Enar_Larsson

    1. Why in heck did this have to come from rank and file ICE agents? Or the ICE at all? Congress should be all over this one. The president is making another gigantic power grab and they are utterly silent.

    2. The Obama administration’s main argument in the case against Arizona was that Congress–not the States–has constitutional authority over immigration. Where is that argument now? Will anyone press the president on questions of consistency vis-a-vis his stance(s) on separation of powers? Will Republicans make this an issue? Debate moderators? Town hall questioners?

    • IstvanIN

       Apparently power devolves from the king on down.  He decides who has control over certain issues (states or congress) or if power remains solely with him.  All hail President Duvalier, with more power than any Arab potentate.

  • NM156

    What are you talking about? Obama is deporting illegal criminals only, and he’s given permission for several million DREAM babies to work during a recession. The Border Patrol and Homeland Security agents don’t have much to do these days. Everybody is allowed in and allowed to stay. How do you like them apples.

  • anmpr1

    This has got to be a first.  Federal government workers complaining that they have nothing to do.

  • megabob

    Oliarbama will continue to stop illegal deportation at all cost. He desperately needs their votes. And, yes, illegals vote, along with the dead, cartoon characters and other dems that vote multiple times. That is the leftist view of our democratic republic.

    • rightrightright

      The story about getting their votes is a figleaf for the Left, put out to divert the electorate from their true policy – to destroy by dilution each and every nation within the West.  America already has high unemployment.  You don’t need these illiterates and their families to pick up the work.   

      Please don’t be fooled by this “needs their votes” tactic.  

  • RisingReich

     If you mean Obama is strong on immigration in the sense he does everything he can to attract and retain new illegal alien invaders all the up to and including hindering and badgering his own ICE agents to the extent they sue the Administration, then yes, Obama is strong on immigration.

    Sheesh.

  • holyflower

    “his [Obama’s] record on immigration is stronger than any US president in recent
    memory”
    ===

    William’s comment displays jaw-dropping ignorance — OR intentional deception. After the
    GOP beat back the Bush-Democrat push for amnesty in 06 and 07, Bush actually
    began to let ICE do its job. Julie Myers was ICE chief the last two years under
    Bush.

    Bear in mind that what you are about to read from the Washington Post took place in the middle of the housing boom when demand for cheap labor was at its peak:

    “Myers has presided over a dramatic increase in enforcement activities and spending at
    the $5 billion agency, setting records for three fiscal years in arrests of
    illegal immigrants with criminal records and those violating administrative
    deportation orders. Actual deportations also soared to record levels during her
    tenure.”

    “ICE helped drive the political debate over immigration. However, its heavily
    publicized raids also drew condemnations from civil liberties and immigrant
    advocacy groups, which say ICE violated humanitarian standards and trampled on
    due process rights by using criminal-style tactics and charges in massive
    roundups of workers.” (“Bush Immigration Chief Julie Myers Out,” Washington Post, November 5, 2008)
    http://tinyurl.com/8h8h4h2

    •  I suspect this is the legerdemain being use to claim that Obama is “deporting” illegals:

      http://dailycaller.com/2012/08/24/new-documents-reveal-obama-administration-cooking-the-books-to-achieve-record-deportation-numbers/

      However, I think the legerdemain was just as strong during the Julie Myers era.  The one thing you have to remember about the concept of “deportation” is that it exists almost only in theory.  There are so many legal hurdles between starting the paperwork process of deportation and the actual physical removal that the former rarely results in the latter.  Someone is counted as “deported” if ICE starts filling out paperwork, that’s all.  “Margaret,” an AR regular, back in 2007, had this to say.  It was so good I saved it in a text file.

      ***

          “He says illegal immigrants who haven’t had contact with the immigration system may not be flagged, but the goal is to deport the ones convicted of serious crimes.”

          Lots of luck.

          There is a book out, “The Deporter” by Ames Holbrook. Holbrook was an INS agent who had the job of actually physically deporting illegal alien felons when they finished their prison terms. Most of them stayed in America.

          Here are the reasons they remained in America:

          (1) The supreme court, led by Darth Vader Ginsburg ruled that if the illegal felons were not actually out of the country within 6 months of their release from prison they could stay.

          (2) The Supreme court led by Ginsburg also ruled that INS agents could not simply pick them up at the prison and put them on a plane for their native country. They could not be physically deported until an immigration INS Judge ordered them to be deported.

          (3) If the illegal felon was ordered deported, he had the right to not one but several appeals.

          (4) The immigration Judges are liberals who see themselves not as impartial Judges but as illegal alien felon’s advocates.

          (5) Federally funded attorneys and pro immigration groups managed to continue the hearings for more than 6 months. Thus the illegal felons had to be released.

          (6) It was not just the immigration attorneys who worked for the tax payer funded non profit law firms. It was also the tax payer funded immigration advocate groups, usually connected with churches who kept appealing and appealing until the 6 months was up and the illegal felon was released on the street.

          (7) On the few occasions when it was possible to deport the illegal felon there were more obstacles.

          (A) His own country had to accept him back. Sometimes his happened, sometimes not. The acceptance had of course to be within the 6 month time frame. These were terrible felons, murders, rapists etc. Many countries are happy to dump them on America.

          (B) The airline had to accept him as a passenger. The illegal felons would cause a huge scene at the airport, screaming, threatening, rolling on the ground etc. Their friends and relatives and even tax payer funded immigration advocates would come to the airport and join in the screeching and howling. So he would not be allowed on the plane.

          Because of this the Deporters kept the date and place of departure secret to avoid the family and friends riot at the departure gate. At one time the Deporters sedated the illegal felon.

          (C) The federal Judiciary agreed with a joint ACLU ADL lawsuit that the illegal felons should not be sedated to get them through the airport and on the plane.

          That’s how it works folks. No matter what laws the people manage to pass, the federal Judiciary and the federally funded immigration lawyers, immigration advocates and ACLU, ADL etc will manage to get around it.

          We are taxed to pay for our own destruction.

          Are we dumb or not?

          Holbrook worked in New Orleans for a long time. He thinks that part of the enormous crime rate in New Orleans is due to the large amount of illegal alien felons the New Orleans INS hearing Judges release into New Orleans.

          The INS houses these illegal felons waiting to be deported in city and county jails and sometimes state prisons if the prisons are within reasonable distance of the INS deportation hearing offices.

          The cost of housing these prisoners is substantially cheaper in the south than the midwest and northeast. Louisiana is the cheapest of all the states. So the feds send as many as possible to Southern Louisiana to be near the New Orleans hearing offices.

          With the help of taxpayer funded non profits such as ACLU, they are not deported, but released into the streets of New Orleans to continue their criminal careers.

      ***

      • holyflower

        I’ve been unaware of the “six-months-and-it’s-too-late” principle, but it certainly would be consistent with what one would expect of the Democrat-appointed Supreme Court/federal judiciary appointee such as Ginsberg.

        Which is another reason elections matter.  There is big difference between a federal judiciary loaded  with Sotomayor-Ginsberg-Kagan Democrat-appointed judges and a judiciary loaded up with Alito-Scalia-Thomas-Roberts (on a good day) appointees.  One may get a GOP-appointed Souter type with a GOP president; one is guaranteed such with Democrat presidents.

  • ageofknowledge

    Get a load of this. Obama working against America to accomplish his anti-colonial ideological agenda:

    http://youtu.be/OqvEiKN2jUE

  • potato78

    If you were Obama, what will you do???

    See how Asian Blacks perceived African Blacks.

    http://www.youtube.com/watch?feature=endscreen&NR=1&v=tZb134WAErg

  • potato78

    This is the American’s future?

    http://www.youtube.com/watch?v=-j994lzRYDw 

    When the U.S. imported people like this, you should watch.

  •  Clinton was bad with using EOs to form public policy, Obama is worse.  But in between them, Bush 43, while not as bad as either Democrat, was worse than all Republican Presidents in recent history as far as that goes.

    The reason EOs can be used to form policy is because Congress has ceded much of its legislative authority to executive agencies, because they don’t want to deal with the bureaucratic minutiae.  Therefore, a President that issues an EO that should only deal with executive branch operations “in theory” will wind  up issuing de facto legislation in reality because the EO is upon executive agencies that were given a lot of de facto legislative power.

    When we get our white ethnostate, there needs to be Constitutional term limits on judges and members of Congress, the Bill of Rights needs to be a lot longer, and there needs to be well defined granting of powers and denial of powers to all three branches of government.

    Including limiting the pardon power of Presidents, to require legislative approval of pardons that result in someone incarcerated getting out of prison sooner than they otherwise would, but that’s another discussion for another day.

    • Indeed, we desperately need another constitutional convention. Since those in power will never willingly give it up, we need a revolution first.

    •  Luke:

      My mind started to drift in that direction after Clinton pardoned F.A.L.N. terrorists so that Puerto Ricans in New York would vote for his wife for the Senate.  Why should one schlub lucky enough to get elected President or Governor undo all the work of judges, juries, prosecutors and cops?  To put it another way, should all their work to get a conviction or guilty plea be undone by some dork politician with an agenda,  usually a racial agenda?  And by racial agenda, I don’t mean ours.

      Then there’s the other side of the coin.  The reason the framers of the Federal and state constitutions want the President and Governors to have absolute pardon power is becomes sometimes, they system makes mistakes or gets abusive.

      So my idea is to split the uprights:  If the pardon means someone gets out of prison before they otherwise would, then it should require legislative approval, Congress if the President or the state legislature if the Governor.  If it’s a pardon of someone already out of prison, then the executive pardon power should remain absolute.

      Practically, this means that people convicted of murder and getting the death penalty or life without parole will never be pardoned because no state legislature or Congress will sign off on letting a murderer out of prison unless there’s exculpatory evidence, and exculpatory evidence will almost always lead to a judge reversing the verdict, without the need of the Governor or President.  I’m thinking of Channon Christian and Christoper Newsom here, because if the doers get death or life, some left wing snake could sneak in and win Governor on a pure accident and pardon a whole bunch of black murderers.  And don’t think it can’t happen:  Mississippi once had William Winter as Governor, Virginia had Doug Wilder.  There was a point not long ago in Arkansas when both the Governor and the Lieutenant Governor were out of state, and the Gubernatorial power was temporarily vested in the black leader of the State Senate, who used his temporary power to pardon a bunch of black murderers.

  • holyflower

    Dr. X: “Obama doesn’t give a hoot about the Constitution . . .”
    ===

    The Constitution is an obstacle to Obama’s larger goals.  What are these larger goals?  A very good theory is provided in the just-released documentary, OBAMA’S AMERICA: 2016.

    MOVIE OPENING: OBAMA’S AMERICA: 2016
    Excerpt from DEADLINE HOLLYWOOD
    August 26, 2012
    http://tinyurl.com/8wpkdlz

    The shocker among all the films was Rocky Mountain Pictures’ political
    documentary 2016 Obama’s America which opened July 13th in very limited release and expanded into theaters across America this weekend. It wound up in 4th place Friday and 8th place for the weekend.

    That’s stunning because it was playing in 2/3 fewer theaters across North
    American than the other wider release films . . . the doc’s new cume of $9.0M makes it the #1 all-time biggest-grossing conservative political documentary. . . 2016 Obama’s
    America is based on conservative author and commentator Dinesh D’Souza’s New York Times bestselling 2010 book The Roots Of Obama’s Rage and co-directed by D’Souza and John Sullivan and produced by Academy Award winner Gerald R. Molen (co-producer of Schindler’s List). In fact, Molen credits “learning some lessons” from Michael Moore for the film: “When he released Fahrenheit 9/11 in 2004 ahead of the election, it sparked intense debate.” And 2016 Obama’s America‘s success comes from equally savvy marketing on the eve of the Republican National Convention next week.

    Exhibitors were reporting busloads arriving at theaters around the country in
    pre-organized trips to the pic . . .

  • holyflower

    Luke,

    I agree with everything you say about the movie and about the audience.  I also noticed and found offensive the parts that offended you. 

    Yours was an excellent post. 

    The crucial question is whether the perceived difference in eagerness of the two presidentialcandidates to start another war in the Middle East in favor of Obama is worth all the other Obama baggage — four more years of the Eric Holder Justices Department, four more years of Obama appointments to the federal judiciary, the Napolitano DHS/ICE to name but three.

    Not by a long shot.  The American public is fed up with the Middle Eastern wars and that includes the GOP base. War, at least on anything like the scale of the Iraq War or the War in Afghanistan, may be out of the question for the bankrupt U. S.

     That’s why 2016: Obama’s America is well worth a look.   Who is the man running the United States?  2016 provides as good an answer as anything I’ve seen.

  • Welcome to the new world order

  • IKantunderstand

    I’m not going to parse this, or make my usual glib comment. Federal immigration law is what it is. All we have to do is enforce it.