Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Did Obama Administration Really Accidentally Disobey Judge’s Order on Immigration?
daily signal ^ | May 24, 2015 | Hans von Spakovsky

Posted on 05/24/2015 9:27:01 PM PDT by upchuck

The Justice Department’s latest filings in the immigration lawsuit brought by 26 states in the Southern District of Texas are a little hard to believe—and somewhat comical, in a way.

Back in February, Judge Andrew Hanen issued a preliminary injunction against the implementation of President Obama’s executive orders on immigration. Now, in an attempt to explain why the injunction was violated, Leon Rodriguez, director of the U.S. Customs and Immigration Services, has outlined in an affidavit a long list of instructions and orders he gave to implement Hanen’s order.

The main excuse given for USCIS’s issuing three-year deferrals and Employment Authorization Documents to 2,000 illegal immigrants after the injunction was in place is that its computer system failed. But fear not. Rodriguez is “taking steps, including the modification of USCIS computer systems, to further minimize the potential for human error that could lead to unintended” violations of the injunction “in future DACA cases, regardless of the circumstances.” (There is no indication whether the autonomous computer system that made these errors is named “HAL.”)

Rodriguez does admit that USCIS “should have exercised greater management oversight of the efforts to halt the production and issuance of three-year notices and EADs.” But that’s not really much of an admission—there is no question thaat USCIS violated Judge Hanen’s injunction despite Rodriguez’s self-proclaimed “clear intent to stop the approval or issuance” of these documents. Rodriguez assures the judge that USCIS will get to the bottom of this, his own failure, noting that DHS has asked its inspector general to “investigate the circumstances” of what happened.

The Justice Department filed a second affidavit, from Donald W. Neufeld, associate director for service center operations at USCIS, supporting Rodriguez. Keep in mind that the administration’s main justification for the president’s 2012 program for immigrants who arrived as children (DACA) and for his expanded 2014 program (DAPA) is that, by exercising prosecutorial discretion to legalize illegal immigrants under these programs, DHS could focus on removing the most dangerous aliens—those who are a threat to national security or public safety.

Yet Neufeld blames DHS’s unlawful issuance on “recently discovered errors in its identification and tracking of cases decided under the 2012 DACA” program. In other words, DHS violated Judge Hanen’s injunction because of tracking errors in its computer system — the same system that supposedly will enable DHS to identify the “most dangerous” illegal immigrants and distinguish them from all of the others receiving benefits under the DACA and DAPA programs.

In fact, while it has admitted to erroneously issuing prohibited deferrals and EADs to 2,000 illegal immigrants, USCIS isn’t even sure that is the final number. According to Neufeld’s affidavit, his “efforts” to “identify all cases in which individuals” were wrongly issued these documents “remain ongoing.” So the total number of cases “may change from the estimates previously provided to the Court.”

When this “computer error” admission is combined with the May 4 inspector general report that DHS “does not gather and analyze prosecutorial discretion data” on DACA participants, it makes it difficult for the Justice Department to credibly argue that the DACA and DAPA programs will enable the administration to concentrate its efforts on deporting the most dangerous illegal immigrants. As Texas and the states say in a brief filed on May 20, these “explanations” by the government “further confirm the unwieldiness of the DAPA/DACA bureaucracy—so large and complex that not even Defendants have a full grasp of what their machinery is doing.”


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: aliens; amnesty; andrewhanen; daca; dapa; immigration; injunction; uscis
Navigation: use the links below to view more comments.
first previous 1-2021-32 last
To: upchuck

It’s funny how these computer issues never seem to happen in the inverse “sorry Pedro, we can’t issue your 3 year deferral because of a computer error”.


21 posted on 05/25/2015 3:01:59 AM PDT by VTenigma (The Democratic party is the party of the mathematically challenged)
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

https://www.law.cornell.edu/uscode/text/18/part-I/chapter-96

18 U.S. Code Chapter 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

Will someone eventually apply the appropriate penalties to these corrupt traitors?


22 posted on 05/25/2015 3:22:53 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CivilWarBrewing
"Wouldn’t surprise me if a folder was mailed to Judge Hanen which includes audio of his phone calls, print-outs of his Emails, and even private conversations in his own home.. It seems no one is immune from blackmail and he’s been VERY slow to respond on this matter. Have they threatened him with blackmail already?"

Yep, those NSA files are what's going to keep the incumbents the incumbents until there is a real revolution. They make "1984" look like an infantile prattle.

23 posted on 05/25/2015 3:51:58 AM PDT by fella ("As it was before Noah so shall it be again,")
[ Post Reply | Private Reply | To 7 | View Replies]

To: upchuck

The judge should make a list of the administration’s lawyers, and send one per week to Sheriff Joe’s jail in AZ until they comply.


24 posted on 05/25/2015 4:02:02 AM PDT by lurk
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

Create a NEW work permit for non-Citizen Vistors.
Declare all previous paperwork for DARPA, DACA, etc null and void, to be shredded by anyone and everyone.

Start over.


25 posted on 05/25/2015 5:06:42 AM PDT by Steven Tyler
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

No. It was deliberate.


26 posted on 05/25/2015 5:08:40 AM PDT by sport
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

“Keep in mind that the administration’s main justification for the president’s 2012 program for immigrants who arrived as children (DACA) and for his expanded 2014 program (DAPA) is that, by exercising prosecutorial discretion to legalize illegal immigrants under these programs, DHS could focus on removing the most dangerous aliens—those who are a threat to national security or public safety”

So have they been concentrating on recapturing and deporting all the alien criminals that they released from jail last year?? If they have, I haven’t read about it and I sincerely doubt it’s happening.


27 posted on 05/25/2015 5:40:26 AM PDT by Seattle Conservative (God Bless and protect our troops)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rawcatslyentist
heh heh heh...
28 posted on 05/25/2015 7:12:42 AM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY - 86-44)
[ Post Reply | Private Reply | To 18 | View Replies]

To: upchuck

“Did Obama Administration Really Accidentally Disobey Judge’s Order on Immigration?”

Do bears use flush toilets in the woods?


29 posted on 05/25/2015 8:24:19 AM PDT by Cincinnatus.45-70 (What do DemocRats enjoy more than a truckload of dead babies? Unloading them with a pitchfork!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

It was not an accident. They willfully disobeyed the Judge’s Order on immigration.


30 posted on 05/25/2015 12:39:21 PM PDT by BuffaloJack (When did the 2nd amendment suddenly require a license or permit to exercise as a right?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

He has an army of lawyers.....this could not have been an accident.


31 posted on 05/25/2015 12:43:23 PM PDT by Texas Songwriter
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

There is no accident, only ARROGANCE.

Throw ‘em in jail.


32 posted on 05/25/2015 11:50:14 PM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-32 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson