Obama Deportation Progam Likely to Be Blocked, Judge Says

Andrew Harris, Businessweek, April 23, 2013

A court challenge by federal immigration agents seeking to block President Barack Obama’s deferred-deportation initiative will probably succeed, a judge said.

U.S. District Judge Reed O’Connor in Dallas today put off his own decision on whether to grant the request for a preliminary injunction by 10 U.S. Immigration and Customs agents. He asked both sides to file additional arguments no later than May 6.

Announced by Obama and Homeland Security Secretary Janet Napolitano last year, the directive gives agents the ability to defer action on people unlawfully in the U.S. if they came to the country under the age of 16, are in school or have obtained a high school diploma, haven’t been convicted of a felony, significant misdemeanor or multiple misdemeanors, and aren’t a threat to public safety or national security.

“The court finds that DHS does not have discretion to refuse to initiate removal proceedings” when the requirements for deportation under a federal statute are met, O’Connor said today in a 38-page decision, referring to the Department of Homeland Security.

Still, the judge said he can’t decide the case based on the arguments he’s heard so far.

{snip}

{snip} Deferral, if conferred, is valid for two years, during which the person may obtain authorization for employment, and can be renewed, according to the ICE website.

The case was filed by attorney Kris Kobach, who also serves as Kansas Secretary of State and is a national Republican Party adviser. Lead plaintiff Christopher L. Crane is president of the National Immigration and Customs Enforcement Council, a 7,600- member federal immigration agents’ union.

{snip}

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  • The__Bobster

    The case was filed by attorney Kris Kobach, who also serves as Kansas Secretary of State and is a national Republican Party adviser. Lead plaintiff Christopher L. Crane is president of the National Immigration and Customs Enforcement Council, a 7,600- member federal immigration agents’ union.
    _________

    I’m glad some true patriots are fighting back. I’d say that almost 100% of Obongo’s pro-invader actions are illegal. For that, he should be impeached.

    Sessions/Kobach in 2016.

    • E_Pluribus_Pluribus

      Sessions/Kobach would indeed be a powerful ticket as both are extremely knowledgeable and of unimpeachable integrity — but I’m not sure we can wait until 2016. They need to be out-front today. Will so-called “conservative” Fox News and so-called “conservative” talk radio give them any air time?

      • RisingReich

        They way this Country is going – it will soon be an impeachable offense to display characteristics of integrity. Just the way things are going,

      • Tucker

        I don’t know much about Kobach, but Jeff Sessions has caught my attention and he shows real promise on some very important issues.

        A closer examination is warranted, as well as an in-depth review of his entire voting history.

        • Kris Kobach, before he was Kansas Secretary of State, was a law professor at the University of Missouri – Kansas City, and was along with Russell Pearce the co-author of Arizona SB 1070.

          Mitt Romney “had” Kobach as his immigration adviser for about five minutes, just as long as he needed to, to win the Republican nomination. Then once he clinched that, he dumped Kobach. Romney was for amnesty and open borders all along. One of the reasons we know that is that his hand-picked running mate, Paul Ryan, has just come out for amnesty and open borders, citing the Boston Massacre as a reason why we have to swing the borders even more wide open than they already are.

          You say you want to examine Jeff Sessions’s voting record more closely. That’s fine, but what I hope is that you don’t want to throw him in the trash can because he has a few votes you don’t like, mainly on matters where JQ is tangentially involved.

    • mobilebay

      I’ve been touting Kris Kobach for President for a long time. I think he’d do the Oval Office justice. How about Sheriff Joe for head of Homeland Security? Sen. Jeff Sessions as VP?
      Feel free to add your favorites. Might get a great administration together. Wouldn’t hurt if we had someone of Eisenhower’s caliber who would demand that illegals leave and actually make sure they did. Then he’d put the military on the border and immediately stop the Hispanic tsunami.

    • soccer2mom

      You, my friend took the few words I had in reply to Obama’s executive order melee. It is way past the time for impeachment, I think he now should be tried for treason, and malicious intentional injury with malice against the USA for his blatant ties with the extremely violent muslim brotherhood terrorist group.

    • Frank

      You are right, but impeachment won’t happen until Republicans take control of the Senate.

  • Secret Tribunal

    Better Living Through Modern Racism says: “Judge Reed ‘too White’ O’Conner will be the next victim on the SPLC Hate Watch list; failure to evolve with the changing times that demand massive genocidal attacks on racist White privilege through enriching immigrant Diversity Amnesty is now a Hate Crime.”

  • bigone4u

    It’s sickening that an American president acts to obey only the laws he wants to obey. Sickening and dangerous because of the precedent. Obama is a bigger crook than Nixon and he should be impeached, but nobody has the guts to say it or do it.

    • K

      Even more sickening that millions of people believe that a felonious Kenyan imposter actually is the President.

    • Bill

      He’s BLACK and thinks like a black. Of course he only obeys the laws he wants to, and ignores all the laws he can.

      • bigone4u

        Well, we know the choom king never obeyed the drug laws, that’s for sure.

  • K

    You know how far out into the bizarro zone we’ve gotten when government employees have to sue the President just to let them do their jobs.

    • IstvanIN

      yes, indeed, Civil Servants protesting because they are not allowed to work!

      • John

        How many?

  • a multiracial individual

    I know you guys don’t like Barry, but there has been plenty of deportation under his administration.

    • Diamond_Lil
      • Secret Tribunal

        Game Over.

      • fine….but why is amren/vdare/taki etc basically more or less ignoring these stats?
        Let’s see some articles on the stats. Take them apart…work them…do graphs….

        but instead….nothing…except that numbersusa page….and I as a working man do not have the time to validate that analysis. But if amren/vdare/taki etc would do a lot of articles on the issue, crowdsourcing would provide a really good comparison and analysis. But that has not happened. The issue of deportation stat comparisons has been ignored for the most part.

        My gut feeling–that ignoring is no accident.

        And don’t tell me I am some liberal troll. My writings have been posted on vdare–years ago….multiple times. I have been doing this a long time. And I am a very educated person. Don’t urinate down my leg and tell me it’s raining…

        • Mark

          You just have to find time, you are not the only “working man” here.
          Besides you don’t validate the analysis. You can analyze it yourself. Just validate the numbers.
          And yes, I think you are a liberal troll. Posting on Vdare does not make you a conservative patriot.

          • where are the analyses on vdare and amren , et al? Nowhere to be seen…..you guys are being programmed to be Dem-Obama haters, which means to be GOP voters.

    • GeneticsareDestiny

      Obama is fighting tooth and nail to keep every last illegal invader here, regardless of whether they’ve committed other crimes as well. Remember when he released thousands of them from jail and blamed the sequester?

    • Jefferson

      Apparently not. Illegal immigrants who enter the U.S through the Mexican border are telling I.C.E agents they are not afraid anymore because Obama is going to legalize all of them.

    • exactly….and the anti-immigration, anti-race-spoils websites and writers have basically ignored that fact–that according to govt stats obama has deported at a FAR higher rate than bush.

      And that makes me very suspicious.

      Looks to me like amren and vdare and etc are really just GOP outreach sites.

      Are amren/vdare etc really for the white working man or are they just about pointing out again and again the injustices and hypocrisies of the liberal mass immigration/anti-white program?

      And do they use that to draw in whites and suck them into the whole bundle of anti-worker GOP economic ideology?

      Fact–stats show that obama deports at a far higher rate than bush did.
      IGNORED by the amren/vdare sites.

      Something smells here…

      • David Ashton

        AmRen a GOP outreach site?

      • a multiracial individual

        The problem is that most people are highly prone to packaging. They can see that liberals have done a great deal of harm in some aspects of running this country.
        Some take this perception to it’s childish extreme and insist that E-V-E-R-Y-T-H-I-N-G liberals espouse must be bad. This is why many of them have strange (non) concerns that liberals are: “Pushing an agenda of Climate Change”, “Shoving homosexuality down our throats”, etc. etc. There are gays that are against immigration, there are environmentalists that detest inner city dwellers, etc. Their immature concerns can be summed up like this, “We are interested in White racial consciousness, except the following groups:

        – White gays

        – White environmentalists

        – White feminists”

        • BannerRWB

          “Something smells here…”; “childish”; “immature”: I believe you guys may be on the wrong website…

          • a multiracial individual

            If you guys ever want success you need to stop needlessly alienating potential (White) allies.

          • BannerRWB

            Which would be why I directed my response to your comments… Maybe you don’t see it quite that way though. Keep in mind, that should the groups you mention not wish to be in the process to save the White race, or otherwise do not wish to join us, what would be their next option? A separate nation-state of their own, with Gays and Feminists producing the following generations of Gay-Fem people? I’m not so certain that would work out very well. And if these groups, or many within them, do not wish to join us, that’s fine I guess, but then wherein lies the desire to remain White? And if there is no such desire to save the White world for our future descendants, then again, I believe you may be on the wrong website. For the rest of us, we are going to have to survive via our policy and desires, with or without the assistance of those Whites we may alienate.

    • Sherry Watts

      This is a lie. The Obama administration has simply REDEFINED deportation to include removals from one US state to another US state. Those illegals who are picked up in North Carolina are released in Colorado or Iowa or Illinois. That is counted as deportation. The only time the Obama administration is interested in “deportation” is when they swoop in to save an illegal alien from the death penalty or long-term incarceration for FELONIES committed against American citizens. They save the illegal felon and release him or her at the border, where they RE-ENTER the USA the next morning with a new name and identity. This has got to stop.

  • Anon

    The important part about this article is to understand that, what is in control of the situation is not really the rule of law. Although this judge is lying and saying that the law matters, the truth is that “the law” is set aside every day, as a matter of routine as oligarchs (individuals with the real power of rulership) make all the decisions and may (usually do no not) justify themselves afterward. Justification (such that it is) tends to be razor thin. The classic example are laws, often passed by election (like california does with ballot measures), grossly set aside as “unconstitutional”, even though no one can clearly articulate exactly what part of the constitution they violate or how. Lately, such decisions have taken a particularly nasty turn with people being arrested for things that are not illegal. Usually not prosecuted successfully, these cases are designed to intimidate, often ruin financially. A good example are those producing raw milk where it is legal. One day, a small army of jackbooted thugs will show up for a pre-dawn raid….smash everything. Hold the farm folk on the ground with rifles to their heads and boots on their necks. They will seize receipts, equipment, smash computers (ie records), even shoot the dog. What they will not do is explain what they are doing there, produce a warrant or actually arrest anyone. Rarely, are they punished.

    An extreme example is what George Zimmerman is facing. Arrested, bankrupted and currently being tried for breaking no law they can clearly articulate. His defense is a simple matter……does Florida legally define what he did as a crime? The answer is no…case closed. But, getting a conviction was never the intention (at least not yet……that comes later as the rule of law breaks down just a little more). Followed by its companion behavior…simple bribery as a routine matter of getting out of trouble, legitimate or not.

    We have laws that clearly define how illegals are to be handled. They are irrelevant. What is actually done is a struggle between oligarchs….Obama on one end, possibly some judges on the other end. Both are used to having their will done JUST BECAUSE THEY SAID SO. Probably, big oligarch, Obama, will get his way either through direct threats or sweetening the deal with a little lagnippe…..which is, of course, all the “judges” that might be involved really want.

    • bigone4u

      Your essay is a brilliant analysis of the current state of the legal system that helps to clarify a variety of stray thoughts I could not put together. The notion of two competing oligarchies, lack of constitutional justification, etc. deserve more thought, which I will give.

  • Secret Tribunal

    Better Living Through Modern Racism says, “Wiping out your White privilege is now civil and human right for illegal aliens, according to anti White FedGov; GOP choses compassion and agrees; GOP lifetime pensions and health care off the table.”

  • IstvanIN

    can you imagine monarchs with undisputed legitimacy, Like Emperor Akihito or Queen Beatrix, attempting to rule by decree? Even King Mohamed of Morocco had to give up some power. But this guy, a man who should be removed from office, gets away with almost any dirty trick he can pull.

  • husein the black muslim

    how many of the people who got their arms and legs blown off or amputated in boston had voted for the black muslim huesein i wonder? big wake up call? no i doubt it because “liberalism is a mental disorder” suicidal idiot progressives.

  • Don Reynolds

    I know. I can barely contain myself. The first good news we have had in YEARS. I can hardly believe it……a Federal Judge who has read the US Constitution! Imagine that.

  • NeanderthalDNA

    “The court finds that DHS does not have discretion to refuse to initiate removal proceedings” when the requirements for deportation under a federal statute are met, O’Connor said today in a 38-page decision, referring to the Department of Homeland Security.

    ———-

    Oh my God. Rule of LAW? That be RACIST!

  • Michael_C_Scott

    Finally some sanity when it comes to illegal aliens! The problem that occurs to me is that even if the US District Court rules against the Oogabooga Administration, it seems likely that they will simply ignore the ruling while citing “Executive Privilege”.

  • anonymous

    “President can’t arbitrarily decide which laws to enforce.” That’s precisely what President Bush did with his signing statements. IMO Obama is wrong but so was Bush.