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.
Congress has not jailed a single person since the bankruptcy of 1933. The jail in the capitol building has been unused ever since.
Well, Congress sure the hell won’t enforce anything, at least not until after Nov elections.
Then 2016 elections
Then 2018 elections
and on and on and on.
“Wonder what the Founders would have done?”
They certainly wouldn’t have sat on their backsides doing nothing.
Gotta kick Boehner in his backside, and get impeachment proceedings going. The Senate won’t join the fight, because they are Democrats that work for the party, not for any constituency. At least somebody, and those somebody’s would be Republicans doing something. Then we will all see as expected exactly who refused to lead the fight for our country Democrat, or Republican.
Get the impeachment proceedings going is what we must do now. American’s of all walks will be drawn into the fight, and will have to learn whether they want to or not what’s going on in their country. Yes there will be lying, and more lying in the media, and from the WH, but at least the fight will be on. Something will be happening. Questions will finally be asked.
We need to get the House to move on impeachment NOW.
Same reason banana republic leaders are usually escorted to the airport and told not to come back, instead of prison or a brick wall.
The new guy throwing out the old guy will be the old guy before long.
We need a little less professional courtesy in DC and a lot more jail time.
The lack of constitutional penalties for usurpation of power was Patrick Henry's principal complaint about the Constitution as drafted. Funny, nothing about that went into the BOR.
ICE Agents (Chris Crane) using internal agency mechanisms to present grievances and relief. THEN, they can bring the case back again.It will return....
Can we do a swap? Send zer0 and his cohorts to Central America and take an equal number of immigrants. I don’t care if the immigrants are murderers, it is a GREAT deal!
You are correct.
The best only people in the U.S.A. who still believe in total war are leftists like Obama.
Unfortunately they are at war with America.
Rules, laws, morals, societal standards, regulations, courts, beauracracies, democratic elections, are to be used to carry out the war when it is to their advantage.
Those same things are to be ignored and violated at will if they are to the detriment of the execution of the way on the U.S.A.
start at the agent that isn’t enforcing the law.
ask him who gave him the order to not enforce the law.
fund that person and put then thru the same process.
repeat until you get to 0bama and his admin.
AND DO IT QUICKLY. taking 6 months between info & arrests (sheriff joe style) is just a delaying tactic to placate those that care until its too late