Judge: Obama’s DREAM Act Amnesty Is Illegal, but ICE Agents Can’t Sue

Mark Krikorian, National Review, August 1, 2013

Just back from braving the wilds of western New York, and I see that a federal judge in Dallas has dismissed a civil suit by ICE agents challenging the Deferred Action for Childhood Arrivals (DACA) amnesty (Obama’s administrative version of the DREAM Act). The agents claimed that Obama’s illegal amnesty forced them to violate federal law, contrary to their oath to bear true faith and allegiance to the Constitution. The judge actually agreed that DACA is illegal, writing that:

Plaintiffs were likely to succeed on the merits of their claim that the Department of Homeland Security has implemented a program contrary to congressional mandate.

But he dismissed the case on grounds that the Civil Service Reform Act of 1978 establishes an administrative process for resolving employment disputes, and that the court didn’t have jurisdiction.

The agents’ attorney, Kansas Secretary of State Kris Kobach, said “the fact remains that the Obama administration is ordering ICE agents to break the law, as recognized by a federal court. It is imperative that this attack on the rule of law be stopped, one way or another.”

Obama’s usurpation of congressional authority is something Congress has the power to rectify — you know, checks and balances, if they still teach that stuff in school. But they let the illegal DACA amnesty go unchallenged when it was announced last summer because the surrender caucus—a.k.a. the GOP leadership—was afraid that to do so would make them look mean. {snip}

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  • TheCogitator

    We are living in a lawless country. The Constitution is routinely ignored. Given that, why would anyone expect them to obey lower laws?

    Presidents have been assuming more powers — powers that are not granted by the Constitution. It gets progressively worse, with Obama being the worst criminal offender of all.

    Until the people demand that it stop, it will continue. While there are a few who complain, the large majority of people don’t seem to give a damn.

  • Spartacus

    Obama’s looking more and more like Mugabe every day now.

  • bigone4u

    Next stop, the Supreme Court. Given the recent anti-white affirmative action ruling, I don’t give it much hope. But, if the law is being broken by the President, somebody has the power to stop it. Who? The sheeple? The race traitors in Congress? Obama has purged the military, so they’re out. I think we’re living in a dictatorship. Those pics of Obama sporting the Hitler mustache are not so far-fetched after all.

    • Spartacus

      Please don’t insult Hitler by comparing him to Obama.

      • bigone4u

        What I would like to compare Obama to would not be allowed here.

  • Fighting_Northern_Spirit

    So could an ICE agent be terminated for refusing to enforce DACA, which has just been ruled a blatantly illegal administrative action?

    • And we have yet another court ruling against DACA that Obama ignores.

      Obama only does this kind of stuff because he knows nobody will stop him. When Congress didn’t impeach him after ordering DACA, that was all he needed to know he could do whatever he wanted.

  • NM156

    So if Obama decides to stop prosecuting drug traffickers and to stop drug interdiction as much as his authority allows, the Federal courts will just allow drugs into the country because narcotics agents and the Federal agencies that employ them are having a dispute? The US is running on anarchic auto-pilot.

  • Evette Coutier

    Commander Codpiece and Darth Biden should be held criminally liable for their epic failure at following and enforcing federal laws by Congress. Our Congress is filled with useless eunuchs and wannbe matriarchal monarchs.

  • Greg Thomas

    Why does it seem as if every court decision favors of illegal invaders and their enablers? The sovereignty of this country no longer matters.

    • It’s still a victory of sorts, and has the Executive Branch looking like criminals. I had thought, however that the notion that a President can arbitrarily suspend law was laid to rest with Watergate. The problem is that this ruling has no teeth in it, and the Oogabooga regieme has already decided to ignore a Supreme Court ruling on voting laws.

      • Greg Thomas

        They are criminals Michael, but nothing will be done about it. Nothing.

  • Ella

    We know there is a true dictatorship when the government begins to arrest or fire ICE agents for performing their jobs as originally described. I’m sure some agents have quit already. Ancient Greece also had the same problems of allowing non-citizens / aliens to vote. It is another sign of an ending democracy toward mob-rules.