ICE agents can sue over illegal immigrants

ICE agents making arrestA federal judge ruled Thursday that 10 Immigration and Customs Enforcement agents have standing to sue the Department of Homeland Security over how certain illegal immigrants should be handled, thus clearing the agents’ first legal hurdle.

Filed Aug. 23, the lawsuit challenges a Department of Homeland Security directive authorizing deferred action against illegal immigrants younger than 30 and an ICE memo directing agents to use prosecutorial discretion against the same class of illegals, TheExamoner.com reported.

Both the memo and the Homeland Security directive resulted from an Obama executive order that amounted to an end-run around Congress. Obama had taken unilateral action when Congress failed to pass the DREAM Act, which would have essentially done the same thing.

The ICE agents filed their lawsuit in federal court in Dallas, alleging that their bosses were violating federal law, the Constitution and the Administrative Procedures Act. In their lawsuit, the agents say they wanted to ignore the orders but feared that would put their jobs in jeopardy, according to their complaint. But in following the provisions of the directive and memo, they said, they would be violating their oath of office.

District Court Judge Reed O’Connor agreed with lawyers for Homeland Security that the ICE agents failed to show how they’d be violating their oath or harmed by following their bosses’ orders, according to the 35-page order published by NumbersUSA.com.

But the court found that the agents did have standing “to challenge the portions of the Directive and the Morton Memorandum related to the exercise of prosecutorial discretion.”

All in all, it hasn’t been a good week in court for President Obama. On Friday, the day after O’Connor ruled that federal employees could take on what amounted to a presidential executive order, a federal appeals court ruled that Obama’s controversial recess appointments to the National Labor Relations Board were illegal.

This is the week the U.S. Supreme Court should have delivered its Obamacare decision.

Read the judge’s order here.

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  • Dave Francis

    WE HAVE BEEN BETRAYED.

    My guess the politicians will win this time and the American people—as always—will get the bill for supporting illegal aliens. Very few of us who haven’t been brain-washed over the illegal alien controversy and with a Socialist administration in power, the only winners are the “Freeloaders” deadbeats and spongers, which are bottom feeders that live of the rest of the working population. They pay for nothing, as everything virtually free especially with this Imperial regime. This is going to be a repeat performance of the 1986 path to citizenship that exploded into a fraudulent façade. The so called pay a fine, learn English as two required principles, never happened? Most fines were waived, as the majority of Guest Workers couldn’t afford it, and the so called learning the language was a travesty, as the illegal aliens involved took a couple of classes and because it was run by La Raza, got a pass score. The whole thing was a travesty and the commitment of former President Reagan’s Washington to prosecute employers fizzled. Let’s face it their all a bunch of bare faced liars who cringe at the feet of special interest groups, because they are the ones that really run the country. Obama promised transparency in D.C, but the whole place and both parties are awash with corruption, kick backs, and nepotism. It’s a father, son and daughter rot, that retirement means joining the ranks of high paid lobbyists on K street, the height of hypocrisy and legal thievery of your tax dollars in our central government, A few must be excused from these slimy-palmed politicians, such as Senator Sessions of Arkansas who is a people’s legislator and doesn’t work in collusion with anti-constitution politicians. Alas now, because of the loss of the election politicians as Sen. John McCain R-AZ has turned traitor and is complicit in a new path to citizenship. Is Mark Rubio also joining this sad circus of liars and deceit to the people?

    FOR THE LIFE OF ME, WHY WOULD THESE ELECTED CIVIL SERVANTS, INCLUDING THE PRESIDENT WANT TO ENACT A PATH TO CITIZENSHIP FOR A DELIBERATELY UNDERESTIMATED 11 MILLION PEOPLE SQUATTING HERE ILLEGALLY? WHEN THERE ARE OVER 20 MILLION AMERICANS UNEMPLOYED, UNDEREMPLOYED OR JUST GIVEN UP AND JOINING THE RANKS (INCLUDING FOREIGN NATIONALS) SIGNING UP FOR FOOD STAMPS AND OTHER BENEFITS.

    THIS TUESDAY WILL BE A GRAVE DAY FOR AMERICA, WITH THE POSSIBILITY OF PEOPLE WHO HAVE HAD NO RESPECT FOR OUR LAWS GAINING CITIZENSHIP? FAR WORSE IS THE CONTINUENCE OF MORE CHAIN MIGRATION. The Nuclear Family Priority Act, HR 692 (Gingrey, R-GA), would end chain migration while expediting the reunification of married couples and of parents with their young children. It would eliminate the categories of adult siblings and adult children, providing an annual decrease in immigration of over 110,000 per year. The reduction would be larger over time as there would be fewer new immigrants to sponsor additional relatives (Chain Migration.) Then include this with the waiting BIRTHRIGHT CITIZENSHIP BILL. Look it up, as it makes good judgment, as other industrialized nations have also removed it. That only people who is already a U.S. citizen can apply for citizenship for their child. It’s become a travesty of 14th amendment that allowed slaves the right to citizenship and their descendants. This should was not applicable to illegal alien children, because at that time there was no such thing as illegal immigration. The cost in BILLIONS of dollars is too high, to carry on this fallacy?

    ONCE THIS NEW PATH TO CITIZENSHIP IS READY TO BE SIGNED, MILLIONS UPON MILLIONS FOREIGN NATIONALS WILL SCRAPE THEIR MONEY TOGETHER IN A DESPERATE BID TO REACH OUR SHORES OR BORDERS BEFORE THE DEADLINE.

    .EVENTUALLY—ILLEGAL ALIENS WILL BE STEALTHILY ALLOWED TO JOIN OBAMACARE, I’LL TAKE A BET ON THAT.

    Hardly any of them have the guts to dare challenge putrid Senators like senile Harry Reid. Strangely enough I no longer own a firearm, but my thoughts only criminals will own guns that we need to protect our families. I hope shortly that California Liberal Senator Diane Feinstein gets mugged; she is a victim of a home invasion robbery or even worse. Something ominous happens to a lawmaker, they would quickly change their minds? Most of these impersonators of honest people don’t live in the real world anyway. I get a continuous dialog from my cousin in Los Angeles of drunken hit and runs of by foreign drunk drivers, robberies, children attacked and molested. Want more information, and then go to THE DARK SIDE OF ILLEGAL IMMIGRATION site. Never thought for one minute the American people were stupid enough to vote for anybody who had a greasy Liberal agenda? If these people’s representatives ever though that the American people came first, then they would have insured illegal entry into the United States was a FELONY. The blame goes back many years, when there were positive laws as the quota system, according to your country of birth. Now America is overrun from most illiterate, poorly educated foreigners from South of our borders. Then we have unknown number of illegal overstays that make up the number of 46 percent who arrive here by plane and not tracked, so they can be deported. I have pushed over and over again The LEGAL WORKFORCE BILL that makes sense, but then with the mostly withered old men in Washington, they are not listening as their golf score is more important, or the financial favors they get from corporation bosses. MAKE THEM LISTEN AND JAM WASHINGTON SWITCHBOARDS TOMORROW.

    Every LIBERAL, DEMOCRAT, REPUBLICAN, INDEPENDENT, TEA PARTY MEMBERS and a list of other parties that the high echelon whose abode is the Capitol know that America is not just in a physical mess, but a nation almost irreparable more divided. Why is this man in Washington determined to split up our society, when he should be bringing us together, collectively? Our Constitution has been badly decomposed by President Obama, our liberties, freedoms and the American dream trodden down by anarchist, communist, Marxist; many of them have visited the White House? Check out these facts out at TEAPARTY.OR. Become more acquainted with the ugly facts and learn the REAL truth at American Patrol, Judicial Watch, NumbersUSA web sites.

    We must be constantly be on our guard as many laws are past during late nights sessions, so that the public are only aware the day after. Monday, is going to be a very important day as President Obama is heading to Nevada to broadcast the need for a Path to Citizenship or the possibility of blanket Amnesty. But remember that Nevada has today the highest concentrations of illegal aliens, other than California on the West coast. Monday, if you haven’t already seen the writing on the wall, then speak up—call your politicians and tell the aide, you want to declare illegal aliens have no right to citizenship. THEY BROKE OUR LAWS, while honest people came through the correct channels. you may phone the United States Capitol switchboard at (202) 224-3121. A switchboard operator will connect you directly with the Senate office you request. One or two people will be ignored, but greater numbers will make a difference and could decide on the fate of America? After all the Heritage Foundation already stated that another Path to Citizenship would produce a taxpayer price tag of over 2 TRILLION DOLLARS, you have to wonder what these politicians are smoking. That’s already on Obama’s $4 to 5 TRILLION dollars amassing on the multi TRILLION dollar deficits.

    Each year 400,000 babies are smuggled into America to claim citizenship. The price for the child/children (DREAMER CHILDREN) is a cornucopia of free entitlement stuff as a new citizen. Even before arriving here they have been well apprised of the welfare programs and how to scam them. Actual birthing factories have been set up, where pregnant women are departing planes from Asian countries to claim citizenship for their infant. Possessing a U.S birth certificate the child can return in adolescence and claim citizenship rights and then sponsor family members. CHAIN MIGRATION is a very expensive proposition for U.S. taxpayers, as later the immediate family is left without financial resources and then relies on Supplementary Social Security and public assistance.

  • Rich

    It is funny how illegal activity gets rewarded. People who break our laws, work under the table, use our social programs and destroy our youth with the drug trade get preferential treatment by the President of the United States. All those who went by the rules and gained their citizenship or green cards the legal way are perplexed at how our system works backwards. Now the tens of millions of illegals the President Obama intends to bring into our system after breaking our laws and working under the table will eventually be eligible for already financially stressed Social security, Medicare and other programs American citizens can't even get.

    On the subject of the Affordable Health Care Act, I believe both parties have been negligent in addressing the fraud, the escalating costs and availability of health care. Health Care lobbyists such as pharmaceutical companies have been buying influence to insure their large profits. One nurse working in a local hospital said illegals use our system freely and we pay for it and why shouldn't Americans have the same? The fact is that Republicans have no plan and think everything in our health care system is going well. If you get the time look up a segment on 60 minutes called Under the Influence. It shows how the lobbyists work in DC and probably on our state and local levels. In my opinion something had to be done and more can be done if we get rid of the lobbyists.

    The same representatives who created these problems over a decade ago are still running the show. Why are they rewarded and Americans penalized?

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