Ten immigration agents say President Obama's bid to block deportation of some young illegal immigrants in a 'DREAM Act lite' is unconstitutional, and they are challenging it in court.
Ten federal immigration officials filed suit on Thursday asking a US district judge in Dallas to block the Homeland Security Department from implementing President Obama’s decision to give special immigration status to some 1.7 million children of illegal immigrants.
The suit charges that Homeland Security Secretary Janet Napolitano and a key immigration official are engaging in an illegal and unconstitutional usurpation of government power by implementing an administrative version of the DREAM Act without congressional authorization.
It says the agency action is forcing immigration agents in the field to either enforce federal law as passed by Congress or abide by the administration’s new immigration policies and priorities.
“We are federal law enforcement officers who are being ordered to break the law,” said one of the plaintiffs, Chris Crane, a deportation officer in Utah, and president of the immigration agents’ union.
Ms. Napolitano issued an agency directive on June 15 instructing immigration officials to use their “prosecutorial discretion” to confer special immigration status to the children of illegal immigrants. The program took full effect on August 15 and drew thousands of initial applicants.
The DREAM Act is a legislative proposal designed to lift the cloud of deportation over children who were brought to the US before they were 16, have been in the country for five years, and have no criminal record. The DREAM Act has been debated 24 times since 2001 but has never passed Congress.
Earlier this year, Mr. Obama declared that his administration would take action on its own to implement the goals of the DREAM Act without relying on legislation from Congress.
Critics denounced the move as an unconstitutional power grab designed to appeal to potential Latino voters in a critical presidential election year.
Supporters said the executive branch of government has ample discretionary authority to implement DREAM Act goals. The effort is consistent with the administration’s policy of focusing enforcement and deportations on illegal immigrants who commit serious crime, officials say.
Thursday’s lawsuit essentially asks a federal judge to resolve the debate.
“This is an absolutely breathtaking assertion of authority,” said lawyer Kris Kobach, who is representing the 10 immigration officers.
“The administration can’t do this by fiat,” he said.
Mr. Kobach is secretary of state in Kansas and is an informal adviser to Mitt Romney, the Republican presidential candidate. He was a delegate to the Republican Party’s platform committee in advance of the GOP’s national convention in Tampa, Fla., next week.
Kobach is the same lawyer who helped Arizona officials draft their tough and controversial immigration enforcement law, Senate Bill 1070. In June, the US Supreme Court struck down three provisions of that law, but upheld the measure’s centerpiece, requiring state and local law-enforcement officials to check the immigration status of anyone detained during a lawful stop who they had reason to suspect was in the US illegally.
The lawsuit against Napolitano asks a federal judge to examine whether the agency’s actions violate federal law by directing agents to ignore the command in immigration statutes that agents “shall” place illegal immigrants into removal proceedings.
A memorandum by John Morton, director of Immigration and Customs Enforcement, asserts that under “prosecutorial discretion” agents no longer are required to follow the procedures in the immigration statute. The lawsuit says there is nothing under federal law authorizing an agency to ignore or rewrite the statute’s requirements.
The suit also charges that there is nothing in federal immigration law that permits an executive branch official to use regulatory discretion to grant a benefit to 1.7 million individuals.
The Homeland Security Department also lacks the unilateral authority to grant 1.7 million undocumented individuals authorization to work in the US, the suit says.
Finally, the suit charges that conferring legal rights and privileges to a large group is a legislative act assigned to Congress under the Constitution. The suit says the administration’s actions violate the constitutional command that the executive branch of government “shall take care that the laws be faithfully executed.”
Mr. Crane of Utah said the administration’s new policy toward the children of illegal immigrants is causing problems for enforcement agents.
He cited the case of an agent in Delaware who apprehended an illegal immigrant who had 10 traffic violations including driving without a license. Such an individual would routinely be placed in removal proceedings, Crane said.
But after the directives from Washington, he said, management-level officials are enforcing a broad reading of the agency’s “prosecutorial discretion.”
When the arresting agent insisted on processing the individual, he was threatened with a three-day suspension, Crane said. Now any subsequent action by the same agent might result in his being fired, he said.
Crane cited a similar incident in El Paso, Texas, where enforcement agents were ordered to release an illegal immigrant who has allegedly attempted to escape and allegedly assaulted one of the officers.
Rather than investigate the agents’ accusations, immigration managers ordered the man released because they said he fit the profile of an individual qualified for special status under the new program.
“We are not enforcing law anymore and we aren’t even enforcing the policy,” Crane said.
“When we come in contact with someone who claims to be a ‘DREAMer,’ we have to accept that claim and the alien has no burden of proof to substantiate that claim,” he said.
Of the 10 agents who filed the lawsuit, seven are posted in Texas, one is in California, one in Delaware, and one in Utah. Two of the immigration agents are deportation officers and eight are enforcement officers.
WHEN YOU FACTOR IN THE COST OF OBAMA’S OPEN BORDERS, SABOTAGE OF E-VERIFY TO EASE MORE ILLEGALS INTO OUR JOBS, WELFARE FOR ILLEGALS, AND VARIOUS DREAM ACTS, THE REAL COST OF THE MEX INVASION IS STAGGERING!
The High Price of Obama’s Amnesty $585
$585 million dollars.
That is the estimate of what Obama’s new amnesty will cost the American taxpayer. This back door plan, put into action by imperial edict without any input from Congress, is just another nail in the coffin of our economy. This past week thousands of children of illegal immigrants were granted the right to apply for “deferred action” in order to stay in this country and sign up for employment opportunities. Starting August 15th, illegal aliens up to the age of 30 who meet certain requirements can begin submitting their applications that will allow them to remain in the country for a period of two years, with indefinite renewals. They may also apply for work authorization, adding an estimated 2 million job-seekers to the workforce when we have record unemployment.
Take a look at Immigrationreform.com and read the ten things that you need to know about Obama’s amnestyand it will make your head spin.
Really? How does Congress allow this to happen? They just ignore this issue and sweep it under the rug hoping that the American people are on summer vacation and won’t notice that we have just opened wide the doors to 2 million illegal’s! Once again they let this President steam roll over them. It seems like they have forgotten that the Dream Act was defeated as recently as 2010.
What are the unintended consequences of this amnesty? Well, let’s see. Not only will it cost the American taxpayers an (estimated) $585 million dollars just to implement the program, but on top of that there are millions or perhaps billions more. Once they become permanent legal residents the floodgates open. Medicare, Social Security, food stamps, education, not to mention the earned income tax credit that would cost tens of billions annually. This will also encourage even more illegal immigration when others figure out how to work the system.
This also opens the door to rampant fraud. When an applicant goes online for the form there are no safeguards in place to prevent fraud even to satisfy this administration’s low standards of eligibility. In fact, the application explicitly states that “you do not need to submit original documents unless the USCIS requests them.” Under Obama’s guidance, do you think they will ever be requested?
What about the millions of immigrants who have gone about applying for citizenship the right way? How do they feel when they have been pushed to the back of the line because of this irresponsible act? And as for the Hispanic and Black Americans, do you think they are happy knowing that Obama’s job killing policies have hurt their communities? The unemployment rate for Hispanics is 3 percent higher than the national average hovering around 11 percent. In the Black community the unemployment rate for Black youth is a staggering 40.5% as of March 2012. This new policy will not only take jobs away from them, but also from the millions of other Americans hoping to find work in a diminished economy.
This is illegal in so many ways yet Congress chooses not to recognize it. Is it because they are afraid to touch the forbidden area of immigration? Do they think they will be accused of being racists? Well, I have news, they’ve already been accused of it so it’s time to get over it and stand up for what is right for this country and the American people.
We can’t afford this. We are faltering under a national debt that could reach as high as 40 trillion dollars within a decade and illegal immigration is a big part of that number. The money has to come from somewhere. Since Congress didn’t pass this legislation and did not appropriate funds for it, where will the money come from? Tax dollars alone will not pay for all of it, so the cost will be satisfied by illegally raiding other programs. Veterans hospitals or border control stations that monitor drug trafficking could be the victims. Who knows what else might be raided?
At least Governor Jan Brewer is stepping up to the plate. She signed an executive order to stop public benefits for these young illegal aliens. She gets it; she knows what the costs will be to her state.
We need to fix the immigration problem, not add to it. Everyone knows that Obama only did this to gain Hispanic support in the upcoming election. It is transparent pandering and everyone can see right through it. (Pardon the pun.) If he really wanted to do this, why did he wait until now? He had both houses of Congress and complete power at the beginning of his term yet he said that he couldn’t do it without Congressional authority. Funny how things change when desperation sets in and he needs every special interest group he can grab to be re-elected.
Unfortunately he loses in the long run because the majority of the American people see what the costs of this massive amnesty program are. They see their own families struggling while law breakers are reaping the benefits. Immigrants who have gone through the process the right way are fighting mad about this and rightly so. They see now that it would have been easier to stay illegal and reap the rewards.
I am not a racist. Neither are most Americans. We understand that people want a better life. All we are asking for the privilege of living in this great country is that you come here “legally”, abide by the rules, and start off your new life the right way. Don’t burden us with uncontrollable costs that bring down the standard of living in America. Become one of us, work hard and contribute to the greatness of this country. If it is done the right way, the legal way, American citizenship is valued much more.
California spending annually $22 billion to support illegals
Going To the Top!
By Susan Tully
I've been at the immigration reform and enforcement table for about 20 years. I've worked with activists during all those years. But last week, in Los Angeles, I had a first-time-ever experience at an activist brain storming session.
Gathered for an update on Stop AB131, the petition drive to gather signatures to force a ballot initiative as to whether the California taxpayers should fund college grants to illegal aliens, I asked the top activist leaders from Southern California how the signature drive was going.
They started updating me with the positive response from California residents who signed the petitions, but then admitted about 500,000 more signatures were still needed. When I said there was only a little more than three weeks to go to meet the January 5th deadline, suddenly their faces dropped at once, and the room went completely silent.
It was easy to read on each of their faces; the task was nearly impossible! Without big money to pay signature gatherers or a tsunami of petitions flooding in, the taxpayers of California will be forced to give grant money to illegal aliens for college, on top of the $22 billion they are spending annually in California to support the illegal alien population.
While all of our minds were racing and searching for suggestions as to how to accomplish this daunting task of gathering signatures, Lupe Moreno, long time Hispanic leader from Santa Ana, said "Can we have a prayer?" Everyone agreed to pray.
As the prayer went around the table, people expressed their sorrow for the lack of leadership in the State of California and in the nation to protect the interest of American citizens, and asked for divine guidance in helping them understand the harm their policies are inflicting on millions of innocent people in the state. In all the years I have worked on this issue, I had not witnessed the sort of sincere emotion that was expressed in that room.
(THE FASTEST GROWING POLITICAL PARTY IN AMERICA IS THE MEXICAN FASCIST PARTY of LA RAZA! AND WE ARE FORCED TO FUND IT!)
You see, the politicians in California are happy to give money the state doesn't have to illegal aliens to attend college, while they cut the budgets and slash programs for public safety, right and left. The American citizen's interests and safety are simply collateral damage for seeking and appealing to the illegal alien lobby.
These activists in California have already learned what the rest of the nation is about to learn. We the people. . . are the only ones looking out for the best interest of American citizens. With few exceptions, we have no national leadership on the issue of stopping the illegal migration flow into our nation.
American citizenship or the benefits thereof have become a commodity for politicians to pander and barter away. They will grant de facto citizenship through sanctuary policies, in-state tuition, non-compliance with Secure Communities, grants for college, etc., etc., etc. President Obama and most the Republican presidential hopefuls are peddling various versions of amnesty proposals if they are elected next year.
What do these politicians want in return? They are hoping to leverage enough votes in key states to put them over the top in 2012, no matter what it costs the American people. This is futures betting: The politicians are gambling the nation's future in hopes of winning the next election.
So while the state can't afford to pay its bills or provide decent services to citizens, these California activists watch their elected leaders lavish still more benefits for people who don't have a legal right to be in the country. And while their child might have to pay out-of-state tuition to go to college in another state, thousands of illegal aliens are going to college at in-state tuition rates in California that they are subsidizing.
In addition they know that millions of other illegal alien parents are receiving food stamps, Medicaid, housing assistance and dozens of other state and local benefits for their American-born children, while they have to decide which bills will be paid this month and which will have to wait.
It's not hard to understand why the activist of California need all the help they can get. Please go to www.stopAB131.com and lend a hand to our friends and family and the people of California to do what needs to be done for the good of our children first.