Skip to comments.FLASHBACK: Judge: Obama administration canít refuse to arrest illegal immigrants
Posted on 07/03/2014 7:23:48 PM PDT by Jim Robinson
A federal judge said this week that the Obama administration is likely violating the law by telling immigration agents and officers not to arrest illegal immigrants they deem low priority, in a case that could upend President Obamas enforcement policy.
For the last several years the administration has said it will no longer arrest most illegal immigrants, arguing it wants to focus only on those with serious criminal records or gang ties. The Homeland Security department said it was using prosecutorial discretion.
Immigration agents and officers sued, saying federal law requires them to make the arrests, but the Obama administration would discipline them if they complied with the law.
Federal Judge Reed O'Connor said in a court order Tuesday that Congress, not the president, sets priority for arresting illegal immigrants, and said the law requires them to be put in deportation proceedings.
The court finds that DHS does not have discretion to refuse to initiate removal proceedings, Judge O'Connor wrote.
He said if Homeland Security officials want to set priorities for who they deport, they can do that later but they cannot control who agents arrest.
The order is not a final ruling. Judge O'Connor said he still needs more information from both the administration and the immigration agents about whether the agents had another avenue to protest the policy rather than to go to court.
He asked both sides to submit more information by May 6. Still, Tuesdays order makes clear that the judge rejects the central part of Mr. Obamas claim that he can use discretion to decide not to arrest some illegal immigrants.
The case was brought by the U.S. Immigration and Customs Enforcement (ICE) Council, the labor union that represents ICE agents and officers.
On Tuesday, Homeland Security Secretary Janet Napolitano defended her policy...
(Excerpt) Read more at washingtontimes.com ...
The Clown Prince nobama administration is replete with traitors to a secure and free America.
Spineless Congress seems to have given Obama a psss on unlimited prosecutorial discretion. But it’s clearly not in the spirit of the oath that Obama took to uphold the law.
Good news. Didn’t see that coming.
If Obama refuses to enforce the law, and the congress can’t or refuses to impeach him, and the courts can’t or won’t order him to enforce the law, and the states refuse to do anything about it, who is left in line to defend the borders and our national sovereignty? Wonder what the Founders would have done?
Game, set, and match. The regime is busted.
Oops! I missed the date. As usual, nothing came of it.
do you really think Obama cares about what a judge says?
he can also just issue a pardon for them all
Hussein cares not one whit about the Constitution, the law, or any judge that attempts to contradict him.
What was the final outcome of this case. It’s been over a year.
Just another in a long list of things “only Conservatives” complain about.
It’s on Faux News, so that proves it’s a personal or political or racist attack, doncha know ?
The more things we/they complain about the more diluted each complaint becomes.
“They complain about EVERYTHING I do”, “therefore they must be irrational”
ICE has to arrest all illegals?
Looks like ICE agents will have to make a professional visit to the White House soon.
Remember how adamant the left was that Elian Gonzalez not be allowed to stay in United States? What has changed?
The Border Patrol Agents took a loyalty oath to the Constitution, not to the President. I’m hoping some of them will step out and enforce the law, whether their boss wants it done or not.
Looks like we’ll need a new law written to prevent Catch and Release from taking place. That is most likely his plan if forced to follow the law like any normal President would have done. More Cat and Mouse games.