January 28, 2013 By

Judge rules in favor of ICE agents suing Obama

Federal Judge Reed O’Conner ruled on Friday that 10 ICE agents and officers indeed do have standing to challenge in Federal court the so-called Morton Memo on prosecutorial discretion and the DREAM directive on deferred action.

The agents filed their complaint in October, charging that unconstitutional and illegal directives from DHS Secretary Janet Napolitano and ICE Director John Morton order the agents to violate federal laws or face adverse employment actions. This is a major first step for the ICE agents in their case against the administration!

In his 35-page decision, Judge O’Conner found that the ICE agents and officers have standing, but that the State of Mississippi does not. He has not yet ruled, however, on the agents’ motion for a preliminary injunction to halt implementation of the DHS directives.

The primary impetus for the lawsuit came last June, when Secretary Napolitano issued a memo offering deferred action and employment authorization to illegal aliens under age 31 who meet certain criteria similar to those outlined in the DREAM Act, which has failed to pass Congress on three occasions.

Even before that, though, ICE Director John Morton essentially gutted immigration enforcement by issuing a memo on prosecutorial discretion that, in effect, prohibits ICE agents and officers from arresting or removing any but the most violent criminal aliens. Under Morton’s stated policy, most of the 12 million or so illegal aliens that the administration wants to legalize are currently safe from deportation.

This is just one of the reasons that the National Immigration and Customs Enforcement Council voted unanimously that they have no confidence in Morton’s ability to lead the agency. Aside from ordering ICE agents to not enforce federal immigration laws, Morton has also gutted worksite enforcement and the 287(g) program, which is a cooperative effort between local law enforcement and federal immigration agents.

The 10 Immigration and Customs Enforcement (ICE) agents filed a federal lawsuit against the Obama administration seeking an end of President Barack Obama’s new non-deportation policy derided as Obama’s Dream Act Light by opponents of his illegal immigration policies, according to the ICE agents’ union.

The ICE agents filed the lawsuit in federal court in one of the state’s most affected by the Obama policy — Texas. The agents allege that President Obama’s policies have reduced the number of illegal aliens who will be deported back to their country of origin.

The ICE agents allege in their lawsuit that the Obama executive order causes a confusing situation in which they must choose between enforcing federal laws and being disciplined by their commanders, or obeying their supervisors thereby violating oaths of office and a Clinton administration law — passed by a bi-partisan Congress in 1996 — that mandates the deportation of illegal aliens.

Kris W. Kobach, the secretary of state in Kansas, is representing the ICE agents in their lawsuit. Kobach has been a leading voice in support of state immigration legislation such as Arizona’s controversial law.

In the 20-page legal complaint, the agents state they’ve been ordered to ignore an entire category of illegal aliens. The agents allege they were told to stop requesting proof of citizenship or immigration status.

“Secretary of Homeland Security Janet Napolitano and her underlings want their agents and officers to just take the word of an illegal alien without verifying his or her statement,” said former police commander David Scher. “It’s as ridiculous as releasing a suspected bank robber who states he didn’t commit the robbery without any verification by police officers,” he said.

U.S. Immigration and Customs Enforcement special agent Christopher Crane, President of the National Immigration and Customs Enforcement Council, the union representing America’s more than 7,000 ICE agents and personnel, and Border Patrol agent George McCubbin, President of the National Border Patrol Council, the union representing America’s more than 17,000 border agents and personnel, both blasted President Barack Obama’s de facto “Dream Act,” and the actions of superiors at their respective agencies.

“The Administration claims it has diligently enforced immigration law and that the border is ‘more secure than ever.’ But those on the front lines know this to be untrue. They see the violence, chaos and lawlessness. They have lost confidence in the leadership of their agencies,” according to the outspoken Agent Crane.

“This administration has engaged in a sustained, relentless effort to undermine America’s immigration laws. They have handcuffed and muffled those charged with protecting the public safety and the integrity of our borders. Such action has not only weakened our security but our democracy, as well,” he stated.

“All Americans, immigrant and native born, will have a better future if our nation remains unique in the world for the special reverence it places on the rule of law and fairness in our immigration system,” Crane stated.

“It‘s impossible to understand the full scope of the administration’s changes, but what we are seeing… concerns us greatly,” Crane said.

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Jim Kouri

About Jim Kouri

Jim Kouri, CPP, is founder and CEO of Kouri Associates, a homeland security, public safety and political consulting firm. He’s formerly Fifth Vice-President, now a Board Member, of the National Association of Chiefs of Police, an editor for Conservative Base, and a columnist for the Examiner.

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 (13 comments so far)
ken petersen


April 27, 2013 at 8:15 pm

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Jack Smith

I like your point with regards on your post, It seems to be interesting and great to hang out with friends.

April 22, 2013 at 2:18 am

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Albert Moore, Jr.

A major omission in Plaintiffs' case is the failure to challenge Defendants' capacity and authority.

Defendants are not in office, because they were not appointed by a President. Moreover, they have no authority to act because there is no President, from whom authority ultimately emanates.

The "President" is not the President, because he is constitutionally ineligible. Not by accident of birth; subpoenae of his vital records and DNA will prove that he was a natural born American citizen at birth, as per Dr. Fukino's press release of 27 July 2009.

But as a minor Obama became a naturalized citizen of Indonesia. When he came of age, he relinquished American citizenship voluntarily and intentionally. This was shown by his not registering with Selective Service in 1979, and by re-entering the United States in 1981 on his Indonesian passport as Barry Soetoro, to study in America as a foreign student, as indeed he was.
Obama can not be a "natural born Citizen" under Article II Section 1 of the American Constitution, because he is not a "Citizen" at all. He is not, has never been, and can never be President of the United States. He is committing the crime of posing as a federal officer.

Failure to plead Defendants' incapacity and want of official authority could be a fatal flaw in Plaintiffs' case.

Moreover, failure to propound discovery of definitive evidence of Obama's relinquishment of American citizenship throws away a golden opportunity to prove Obama's constitutional ineligibility.

Further, discovery of Obama's DNA and vital records will disclose that, while he was constitutionally eligible at birth, he had no Negro parent. He has pretended to have a Negro father for meretricious political reasons and as carapace against investigation of his constitutional eligibility, racial heritage, espionage and subversion. But his claimed Negro father adopted him at birth as an accommodation to his actual birth father, Stanley Armour Dunham, who sired him out of wedlock by a predominantly Polynesian mother, from whom Obama inherits his skin pigmentation.

The failure of counsel for Plaintiffs to raise the issues of Defendants’ want of official capacity and authority, by reason of Obama’s constitutional ineligibility, calls into question the adequacy of counsel’s legal representation of Plaintiffs.

Counsel Kris W. Kobach, having determined, erroneously and without substantiation, that Obama is constitutionally eligible to the Office of President, is in a severe conflict of interest with regard to the Plaintiffs he represents in Crane et al. v. Napolitano et al.

January 28, 2013 at 10:31 pm

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luangtom LuangTom

Kudos to the ICE agents and those filing on their behalf. It is about being a country of rule-followers, not a country of pick-and-choose. There are rules on the books for a reason. Follow them or get them changed. Do not ignore them. ALL of the agents and the President took an Oath of Office that swore them ALL to defend the Constitution of the United States of America. It is not yet the United Socialist States of AmeriKa. Were the agents to not abide by their oath, they would be terminated from their office as agents.

January 28, 2013 at 7:17 pm

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January 28, 2013 at 6:38 pm

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God bless the ICE agents. The first step to cleaning up our practices is recognizing the significance of Law. ICE knows what the law is and intends to follow it. Is it the intent of the administration to place agents in a double bind, employing them to enforce immigration law and then directing them to violate it? Throughout history there have been nations of men. Ours is a nation of laws. To spit on them courts our demise. All parties to this dispute understand that, never doubt it.

January 28, 2013 at 5:44 pm

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Bobmann101, sounds good to me. I have no doubt that you may be right and believe the only thing that will stop them now is a good case of lead poisoning.

January 28, 2013 at 5:07 pm

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That ruling will be ignored or over turned.
Obama has the money and power backing him so all he has to do is what he is told. I believe he will remain in charge until his big money string pulling puppet masters are finished with him then he will somehow be eliminated. Due to voter fraud placing Obama in office 2 times I am sure the Democrats will take control of Congress after the 2014 elections. Then Obama will appoint his Supreme Court Justices and that will be the last nail in America's coffin. I do not think anything or anyone can stop the Obama machine. I also believe the only reason he is sending planes and tanks to the Middle East is to help wipe Israel off the map. The US will be next. _

January 28, 2013 at 4:32 pm

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Yep, our whole government is now a shame. We are a lawless nation and the US. Constitution is totally ignored now. George Bush paved the way for Obama's tyranny. Bush was quoted as saying the Constitution is nothing but a "G…Damn piece of paper."

The worst is yet to come. The government and both parties NO LONGER listen to NOR represent the American people.

It's time to revisit and re-read the Declaration of Independence.

January 28, 2013 at 5:04 pm

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@RMC and @bobmann101, do recall that in the end of this age, we win (Revelation 19:11 – 20:3). The two world forces arrayed against Israel, the United States, and the allied coalition, also against the Christians and the Jews, are the global empires figuratively depicted as the Beast and the false prophet, a.k.a. the beast from the sea and the beast from the land (from the geographical perspective of the apostle John on the Isle of Patmos off southwest Asia Minor).

When the liberals, globalists, communists, Is|amists, terrorists, and otherists taunt you about our failures, remind them of their future.

January 30, 2013 at 7:44 am

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It's about time the courts start slapping the Liar in Chief down when he and his crooked administration break the law to further their agenda

January 28, 2013 at 4:24 pm

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Well You woke up …

January 28, 2013 at 4:09 pm

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The Obamma administration does not have the best interest of America in mind. It is very obviously working to make a radical change in what America means and has been.

January 28, 2013 at 4:05 pm

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