Napolitano Sued Over Directive Mandating ICE Agents Violate Federal Law

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Ten ICE officers and agents have filed a lawsuit against Janet Napolitano over the latest Obama directive which mandates that agents violate federal law by ignoring their duties when it comes to illegals, even criminal illegals.

Agents are being threatened with the loss of their jobs and worse if they pick up illegals, even criminal illegals.

via Fox News

Ten federal immigration agents have filed suit against Homeland Security Secretary Janet Napolitano claiming recent directives are forcing them to break the law and ignore their duties when it comes to deporting illegal immigrants.

The suit was filed Thursday in Texas federal court by Immigration and Customs Enforcement officials. It challenges recent directives allowing some illegal immigrants — particularly non-felons and those who came to the U.S. as children — to stay and, in some cases, get work permits.

The suit, obtained by Fox News, says the agents are being forced to “violate federal law.” It says the new directive “unconstitutionally usurps and encroaches upon the legislative powers of Congress.” ICE Director John Morton is also named as a defendant…

via Numbers USA

…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…

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