via: NumbersUSA
ICE AGENTS FILE SUIT AGAINST JANET NAPOLITANO
Agents Reject Order to Violate the Law and Their Oath to Defend the Constitution
For media inquiries or to schedule interviews please contact Peter Robbio at (703) 683-5004.
ICE AGENTS FILE SUIT AGAINST JANET NAPOLITANO
Agents Reject Order to Violate the Law and Their Oath to Defend the Constitution
WASHINGTON, D.C., August 23, 2012 – Ten officers
and agents for United States Immigration and Customs Enforcement (ICE)
including ICE Agents Union President Chris Crane, today filed a lawsuit
against Secretary of Homeland Security Janet
Napolitano and Immigration and Customs Enforcement Director John Morton
challenging the Obama Administration’s deferred action Directive and
associated Prosecutorial Discretion Memorandum that prevent ICE
officers, employees, and agents from fulfilling their
sworn oath to uphold the law and defend the US Constitution.
The Directive and the earlier memorandum instruct
ICE officers to refrain from placing certain aliens who are unlawfully
present in the United States into removal proceedings. The Directive
further instructs officers to take actions to
facilitate the granting of deferred action to aliens who are unlawfully
present in the United States. The Directive, entitled “Exercising
Prosecutorial Discretion with Respect to Individuals Who Came to the
United States as Children,” also directs DHS personnel
to grant employment authorization to certain beneficiaries of the
Directive.
“Both the Directive and memorandum command our
agents to violate federal law and our oaths to uphold federal law. We
are federal law enforcement officers who are being ordered to break the
law. This directive puts ICE agents and officers
in a horrible position,” said Chris Crane, veteran ICE agent and
President of the National Immigration and Customs Enforcement Council.
“The Directive is an extension of the DREAM Act,
which was rejected by Congress, and aims to grant an amnesty to 1.7
million illegal aliens. It violates federal immigration laws that
require certain aliens to be placed in removal proceedings,
it violates the Administrative Procedure Act, and it encroaches upon
the legislative powers of Congress as defined in Article I of the United
States Constitution,” said Kris Kobach, the attorney representing the
plaintiffs.
"Any threat of harm to our nation's immigration
officers for enforcing the law is a threat against the livelihoods of
average American workers," said Roy Beck of NumbersUSA, the organization
that is underwriting the suit. "Congress passes
laws to determine how many and which citizens of other countries are
allowed to enter U.S. job markets to compete with American workers.
Fortunately during this long period of high unemployment, Congress has
refused to add further competition through amnesties
that would give millions of illegal aliens access to the legal U.S. job
market. The Napolitano amnesty directive does the opposite. If
immigration agents are not allowed to enforce the laws as decided by
Congress, the wages and jobs of American workers are
at risk," said Beck.
“This Directive not only circumvents Congress, it
also infringes on the plaintiffs’ ability to fulfill the oath they made
to uphold the laws of this country. The plaintiffs seek to prevent law
enforcement officers from being forced to
either violate federal law if they comply with the Directive or risk
adverse employment action if they disobey the unlawful orders of the DHS
Secretary,” said Kobach.
For media inquiries or to schedule interviews please contact Peter Robbio at (703) 683-5004.
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