Republican Sens. Investigating Potential Exec. Amnesty Retaliation Against DHS Personnel

Caroline May, Breitbart, March 31, 2015

A group of Republican senators say they are aware of allegations of workplace retaliation against Homeland Security personnel who–in conflict with the administration’s immigration policies–are “faithfully discharging the duties of the offices in which they serve.”

The Senate Judiciary Subcommittee on Immigration and the National Interest revealed it is investigating the potential retaliation against DHS employees who have allegedly been punished for not complying with the administration’s enforcement priorities.

“[W]e are aware of multiple allegations of targeting and retaliation against DHS personnel who refuse to comply with this Administration’s willful disregard of our immigration laws–such as allegations made in lawsuits filed in federal court by an award-winning ICE attorney and by a group of 10 ICE officers and agents,” the eight Republicans wrote in a Tuesday letter to DHS Sec. Jeh Johnson.

The Republicans noted a recent comment from President Obama during a MSNBC/Telemundo town hall discussion in which his indicated that immigration officers would be punished for failing to adhere to his executive amnesty.

“There may be individual [U.S. Immigration and Customs Enforcement (ICE)] officials or Border Patrol who aren’t paying attention to our new directives,” they quoted Obama. “But they’re going to be answerable to the head of the Department of Homeland Security, because he’s been very clear about what our priorities should be… If somebody is working for ICE and there is a policy and they don’t follow the policy, there are going to be consequences to it.”

{snip}

Read the full letter:

Dear Secretary Johnson:

We write regarding potential retaliation against Department of Homeland Security (DHS) personnel for upholding their oaths of office and faithfully discharging the duties of the offices in which they serve.

On February 25, 2015, during a MSNBC/Telemundo town hall discussion at Florida International University in Miami, President Obama said:

“There may be individual [U.S. Immigration and Customs Enforcement (ICE)] officials or Border Patrol who aren’t paying attention to our new directives. But they’re going to be answerable to the head of the Department of Homeland Security, because he’s been very clear about what our priorities should be… If somebody is working for ICE and there is a policy and they don’t follow the policy, there are going to be consequences to it.”

Not only do the President’s statements ignore the plain language of several immigration statutes that command DHS personnel to take certain actions relating to illegal aliens, the comments seem to comport with a pattern and practice of threats toward DHS personnel who seek to fulfill their duties under the law. Such statements also illustrate why morale levels among DHS personnel continue to remain near the bottom of all federal entities.

Indeed, we are aware of multiple allegations of targeting and retaliation against DHS personnel who refuse to comply with this Administration’s willful disregard of our immigration laws–such as allegations made in lawsuits filed in federal court by an award-winning ICE attorney and by a group of 10 ICE officers and agents. President of the National ICE Council Chris Crane has said that agency leadership is “punishing law enforcement officers who are just trying to uphold U.S. law,” and is “willing to take away their retirement, their job, their ability to support their families in favor of someone who is here illegally and violating our laws . . . either taking a disciplinary action [or] threat[ening] disciplinary action.” Earlier this month, Vice President of the National Border Patrol Council (Local 3307) Chris Cabrera testified before the Senate Homeland Security and Governmental Affairs Committee that:

“[Border Patrol] agents who repeatedly report groups [of aliens] larger than 20 face retribution. Management will either take them out of the field and assign them to processing detainees at the station or assign them to a fixed position in low volume areas as punishment. Needless to say agents got the message and now stay below this 20 person threshold no matter the actual size of the group.”

Due to our concerns regarding the potential mistreatment of DHS personnel, we request the following information:

1.     Please provide the number of employees the Department disciplined over the last six years, including through the issuance of an adverse annual review, relating in any way to the alleged refusal of those employees to comply with the Department’s administratively-created enforcement priorities–to include, but not limited to, the refusal to exercise prosecutorial discretion in any manner, or the reporting of large groups of aliens apprehended after crossing the border.

a.      Please break down the data by Department component, by the employee’s employing office within each component, and provide a description of the nature and severity of the discipline imposed on each employee.

b.     Please provide the current employment status of each employee who was disciplined, including whether the Department terminated that employee subsequent to the discipline; whether the employee is currently employed, but reassigned to a different position subsequent to the discipline; whether the employee is currently employed in the same position as the employee was in before the discipline; and a brief description of any employee who does not fall within one of the above-referenced categories.

2.     Please provide statistics regarding the number of lawsuits or complaints filed by Department personnel, or former Department personnel, against the Department over the last six years relating in any way to the alleged refusal of those employees to follow the Department’s administratively-created enforcement priorities–to include, but not limited to, refusal to exercise prosecutorial discretion in any manner. Please describe the general nature of each lawsuit or complaint, the status of the lawsuit or complaint, and the ultimate outcome of any lawsuit or complaint that is not currently pending. Please break down the data by Department component and by the employee’s employing office within the component.

3.     Please provide any written guidance, or a description of any oral guidance, issued to Department personnel pertaining to the potential discipline of employees who refuse to comply with the Department’s administratively-created enforcement priorities–to include, but not limited to, the refusal to exercise prosecutorial discretion in any manner.

4.     Please describe the authority upon which your Department will rely to penalize Department personnel for their failure to comply with an unlawful and unconstitutional order.

Please provide the foregoing information, including all documents and data in native format, to our offices by the close of business on April 13, 2015. Thank you for your attention to this matter.

Sincerely,

Jeff Sessions
Chairman, Subcommittee on Immigration and the National Interest

David Vitter
Deputy Chairman, Subcommittee on Immigration and the National Interest

David Perdue
U.S. Senator

Charles E. Grassley
Chairman, Committee on the Judiciary

John Cornyn
U.S. Senator

Mike Lee
U.S. Senator

Ted Cruz
U.S. Senator

Thom Tillis
U.S. Senator

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  • I didn’t notice the signature of that great for-the-people populist, Elizabeth Warren, on this letter.

    • De Doc

      Fauxcahontus is too distracted anticipating Hillary’s fall from grace.

  • Jason Lewis

    The IRS was used to retaliate against Tea Party groups and no one has been punished. I have zero hope that this will be any different.

  • Hilis Hatki

    Well they have to look like they’re doing something. I dont think any of them would give up their cushy lifestyles to change this country.

    • ElGringo

      You’re right. I’d love to be able masturbate all day at work like they do and get paid the big bucks with full benefits and get a golden parachute pension plan after twenty years but alas, I’m not dark enough to qualify.

      • Hilis Hatki

        It’s not even 20 years is it? One term and all the benefits?

        • SentryattheGate

          I believe they get a pension after 8 years.

  • ElGringo

    Working for the “department of homeland security” and honoring the Bill of Rights is mutually exclusive.

  • Petronius

    These actions and threats against immigration personnel have not been limited to Border Patrol and ICE agents in DHS.

    Immigration Judges — who work for the Dept. of Justice — have also received the same threats. Judges who insist on applying the law have been threatened with removal.

    Imagine a country where the government threatens judges who properly enforce the law. Well, that’s now our “fundamentally transformed” America.

  • Dale McNamee

    Ahhh… The politics of revenge & personal destruction ! /sarc

  • FozzieT

    We have been living in a Banana Republic since Obama took office. Here, we have a situation where federal employees who have taken an Oath of Office to “… support and defend the Constitution of the United States…” are being punished by our President for doing just that.

  • Charles Martel

    Can someone tell me if my “Die verse city for thee but not for me” comment was removed by the moderators or by Marxists clicking the flag?

    • Alden

      There other sites where we can discuss the root causes of Anti American immigration policy.

  • InAFreeCountry

    Obama is the biggest fraud ever perpetrated on the American public.

  • Hammerheart

    How long until the government starts selling their own citizens to ISIS for televised beheading and burnings?

  • Light from the East

    Obama threatened those staffs faithfully on their duties of DHS to follow his policies otherwise to get fired. That’s why we see DHS doing things completely opposite to the original cause and turns into DHI (department of homeland invasion).

  • Robert Smith

    Complain. Compromise. Capitulate…there isn’t a Republican in office with the stones to take a stand.

    • Epiminondas

      Jeff Sessions.

  • Eagle1212

    The DHS is a joke, they don’t enforce our laws and secure our borders but cater themselves to illegal foreigners who don’t belong here, I say dismantle the DHS and abolish El Presidente’s executive amnesty for illegal leeches.

  • Higgs Boson

    Waste of time. These agencies need to be shut down…starting with the IRS.