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FLASHBACK: Judge: Obama administration canít refuse to arrest illegal immigrants
Washington Times ^ | April 24, 2013 | By Stephen Dinan

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 Obama’s 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, Tuesday’s order makes clear that the judge rejects the central part of Mr. Obama’s 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 ...


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: aliens; highcrimes; mobama; treason
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1 posted on 07/03/2014 7:23:48 PM PDT by Jim Robinson
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To: Jim Robinson

The Clown Prince nobama administration is replete with traitors to a secure and free America.


2 posted on 07/03/2014 7:25:17 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Jim Robinson

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.


3 posted on 07/03/2014 7:26:34 PM PDT by DannyTN
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To: Jim Robinson

Good news. Didn’t see that coming.


4 posted on 07/03/2014 7:28:20 PM PDT by MUDDOG
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To: TheMom; Eaker; penelopesire; BuckeyeTexan; NYTexan; humblegunner; mylife; LUV W; ...

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?


5 posted on 07/03/2014 7:28:38 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: Jim Robinson

Game, set, and match. The regime is busted.


6 posted on 07/03/2014 7:28:40 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Jim Robinson

Oops! I missed the date. As usual, nothing came of it.


7 posted on 07/03/2014 7:29:28 PM PDT by MUDDOG
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To: Oldeconomybuyer

do you really think Obama cares about what a judge says?


8 posted on 07/03/2014 7:30:32 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: MUDDOG

he can also just issue a pardon for them all


9 posted on 07/03/2014 7:31:00 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Jim Robinson

Hussein cares not one whit about the Constitution, the law, or any judge that attempts to contradict him.


10 posted on 07/03/2014 7:31:21 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: Jim Robinson
the founders would have done it themselves! We are at the precipice of something far bigger that the last several years relentless... yet now comparably trivlal invasion. Im stunned that I didnt see this coming
11 posted on 07/03/2014 7:33:11 PM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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To: Jim Robinson

What was the final outcome of this case. It’s been over a year.


12 posted on 07/03/2014 7:33:29 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: hal ogen

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”


13 posted on 07/03/2014 7:33:33 PM PDT by Zeneta (Thoughts in time and out of season.)
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To: Jim Robinson

ICE has to arrest all illegals?

Looks like ICE agents will have to make a professional visit to the White House soon.


14 posted on 07/03/2014 7:34:59 PM PDT by Iron Munro (The Obamas Black skin has morphed into Teflon thanks to the Obama Media)
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To: Jim Robinson

Indeed.


15 posted on 07/03/2014 7:37:26 PM PDT by Alamo-Girl
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To: Jim Robinson
They really want this resolved in DC or the States. That could get ugly.

/johnny

16 posted on 07/03/2014 7:38:00 PM PDT by JRandomFreeper (Gone Galt)
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Because immigration law is not “within [the Executive’s] domain and beyond control by Congress,” Congress has the ability to eliminate DHS’s discretion with respect to when to initiate removal proceedings against an alien, and DHS cannot implement measures that are incompatible with Congressional intent.
17 posted on 07/03/2014 7:38:07 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: Jim Robinson

Remember how adamant the left was that Elian Gonzalez not be allowed to stay in United States? What has changed?


18 posted on 07/03/2014 7:41:03 PM PDT by GSWarrior
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To: Jim Robinson

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.


19 posted on 07/03/2014 7:41:20 PM PDT by cookcounty (IRS = Internal Revenge Service.)
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To: Jim Robinson

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.


20 posted on 07/03/2014 7:43:56 PM PDT by lee martell
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