Posted on August 1, 2013

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}