Barack Obama has recommended a woman to head up ICE, a woman who has made it clear in written statements that she will not uphold immigration law. Any congressman who supports her nomination can be rightfully accused of being as lawless as Barack Obama.
In addition, ICE agents are reporting that they have been ordered, in advance of the illegal executive action taking effect, to ignore immigration law and follow an honor system when determining the eligibility of illegal aliens. If an alien, even a felon, says he’s eligible, ICE agents have been told to accept their word for it.
Non-criminal illegals and fugitives who have re-entered cannot be penalized for it. They cannot be rearrested, ICE agents report.
Even felons are being ignored for deportation – they are part of Obama’s base.
ICE supervisors said that it is obvious the executive amnesty will be fluid and constantly changing.
Obama is not only violating the law, he plans to constantly change it to benefit the greatest number of illegal aliens.
Sarah Saldaña has been selected by Barack Obama to be the Director of Immigration and Customs Enforcement (ICE). The Chairman of the Judiciary Committee refused to present her for a hearing though questions were allowed to be submitted by Senators Lee, Cruz and Sessions.
When asked if she “rejects” Mr. Obama’s “unlawful action” to “unilaterally grant legal residence and work permits to up to 5 million individuals illegally in the country,” she said “No.”
Senator Sessions in a written statement posted on his website, said, “This response goes to the essence of her qualifications for this post and the central areas of responsibility that would be under her direction if confirmed. Her answer is simply disqualifying.”
“President Obama himself has said over 20 times that he does not have the authority to do what he has done.”
Sessions cited several examples including one on July 25, 2011, in which he said:
‘I swore an oath to uphold the laws on the books… Now I know some people want me to bypass Congress and change the laws on my own. Believe me, the idea of doing things on my own is very tempting. I promise you. Not just on immigration reform. But that’s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.’
Sessions brought up two events concerning DACA among others.
On September 17, 2013, the President said regarding his unlawful DACA program:
“If we start broadening that… I would be ignoring the law in a way that I think would be very difficult to defend legally. So that’s not an option… What I’ve said is there is a path to get this done, and that’s through Congress.”
On March 6, 2014, the President stated that the DACA program:
“[A]lready stretched my administrative capacity very far… But at a certain point the reason that these deportations are taking place is, Congress said, ‘you have to enforce these laws.’ They fund the hiring of officials at the department that’s charged with enforcing. And I cannot ignore those laws any more than I could ignore, you know, any of the other laws that are on the books.”
Sen. Sessions explained the law which the constitutional lawyer-president refuses to follow.
Sessions stated that “Article I, section 8 of the Constitution is clear that Congress is vested with plenary power over naturalization law. In the 1954 case Galvan v. Press, the Supreme Court stated: ‘That the formulation of these policies is entrusted exclusively to Congress has become about as firmly embedded in the legislative and judicial tissue of our body politic as any aspect of our government.’ The Court has repeatedly affirmed this authority. In Crane v. Napolitano, where several ICE agents and officers sued DHS leadership on the grounds that the administration’s amnesty policies caused them to violate their oath of office to enforce the law, the U.S. District Court for the Northern District of Texas held that ‘DHS does not have discretion to refuse to initiate removal proceedings [where the law requires it to do so].’ The court also affirmed that Congress, and not the President, has the plenary power to set immigration law and that the administration’s prosecutorial discretion and DACA policies violate federal law.”
Senator Sessions pointed out that “President Obama’s recent unlawful actions have essentially established another immigration system wholly apart from that which has been established through constitutionally enacted laws.”
Quoting Rivkin and Foley in the Wall Street Journal, “The executive order does more than prioritize. It rewrites existing law.
“According to ICE agents and officers,” Sessions said, “they are already being ordered to implement the President’s unlawful directives.”
ICE has been ordered to take the word of the illegal alien as gospel when considering deportation. Mr. Obama has set up an honor system.
According to one ICE supervisor, Sessions said, “Even though the two deferred action categories don’t take effect [until] January 5, we are supposed to be identifying and promptly releasing anyone who appears to qualify, and if they claim to be eligible, it’s not our job to make any kind of initial investigation or ask for anything…just take them at their word and release so they can apply in [January] and let [USCIS] figure it out. Nothing to stop future claimants from saying, oh wait, I’ve been here for five years, not one year, and I have a [U.S. citizen] kid somewhere.”
Another ICE supervisor said, “Non-criminals previously removed who are back in the U.S. prior to January 1, 2014, are considered lowest priority and NOT to be arrested or reinstated. Same for non-criminal fugitives. Lowest priority, not arrestable, order not to be executed. Aliens who entered after January 1 are still fair game… but newest [prosecutorial discretion] and priorities still apply, so they still get a shot at staying, just without deferred action. What a massive abuse and misuse of the deferred action mechanism.”
Another ICE supervisor said, “I guess interpretation and implementation of the EO will be fluid and constantly changing to fit the agenda and to benefit the most. Prosecutorial discretion, the bastardized version.”
Another ICE supervisor told the senators, “If you sneak in through the border, get past the Border Patrol, stay under the radar for a few years, have kids, you will be rewarded with protection from deportation… This is not merely [prosecutorial discretion], this is a flagrant disregard for the rule of law and our sovereignty as a nation. Even if you come to the [port of entry] and claim credible fear, you will eventually be released from custody because you are not a priority.”
The Chief Counsel for ICE in Arizona was forced to file suit against DHS Secretary Johnson for ordering personnel to ignore the law with regard to illegals, even felons.
Morale at DHS is the lowest of any federal department and ICE ranks lowest of the agencies, Sessions said.
“The administration has chosen to dismantle our laws and impose the President’s will upon us by granting amnesty to millions of illegal immigrants,” Sessons concluded.
Senator Sessions will not support the nomination of Obama’s hand-picked rubber stamp, Sarah Saldaña.
Expect a recess appointment of this very unqualified woman. If anyone objects, the Democrats will say it’s a war on women.