Decision due soon on ICE agents suing Obama admin. for punishing them for obeying US immigration laws

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4/18/13, "Violating Immigration Law — by Executive Command — in Texas," NRO, Andrew Stiles

 "A lawsuit argues that DHS and ICE directors are punishing agents who follow the law."

"In Texas, a federal judge is set to rule within days on a pending lawsuit that has gone largely unnoticed, although it could have serious implications for the immigration debate.

The suit pits the Obama administration against its own immigration-enforcement agents, who are suing over the administration’s use of “prosecutorial discretion” to dictate how immigration law is enforced — or not enforced. A group of ten U.S. Immigration and Customs Enforcement (ICE) agents has charged that a series of policy directives from ICE and the Department of Homeland Security (DHS) effectively “commands ICE officers to violate federal law” and face possible suspension or termination if they refuse. Critics of the Gang of Eight’s proposal worry that if nothing is done to prevent future administrations from similarly ignoring immigration laws, the country will inevitably face another crisis down the road.

A federal judge in Dallas heard arguments in the case on April 8, and he is expected to issue a ruling in the coming days. The plaintiffs are seeking an injunction against a June 2012 directive from Homeland Security Secretary Janet Napolitano that instructs ICE officers to refrain from initiating deportation proceedings for illegal immigrants who may qualify for what is sometimes referred to as “DREAM status.” Immigrants who might qualify would be those who were brought here illegally as children, who are currently enrolled in school or are a member of the military, and who have not been convicted of a serious crime.

The ICE agents claim that the directive “violates the obligation of the executive branch to faithfully execute the law,” which mandates that if immigration officers find that a detainee is in the country illegally, that individual “shall be detained” for removal proceedings. The Obama administration, however, is arguing that the word “shall,” in this instance, actually means “may.” The resulting enforcement breakdown has led officials to release dangerous criminals without charge. One of the most “shocking” examples of this, notes Kris Kobach, the attorney representing the plaintiffs, is the case of ICE agent Samuel Martin. On July 17, 2012, an illegal immigrant who had been detained on a domestic-assault charge in El Paso, Texas, allegedly assaulted Martin and a colleague — a federal felony charge — as they tried to place the immigrant in a vehicle. When Martin, who would later require shoulder surgery as a result of the incident, sought to initiate removal proceedings against the immigrant, his ICE supervisors told him to release the detainee without charge. According to the plaintiff’s court filing, the agents protested, but were told that “it was a management decision, based on the President’s new immigration policies.” ICE supervisors, with an eye to possible disciplinary action, subsequently questioned the agents.

“Most of the people turned loose are criminals, people who have been arrested but not yet convicted,” Kobach tells National Review Online. “This is really a dangerous policy that results in hundreds, if not thousands, of illegal aliens [who’ve been] arrested for crimes being turned loose on the streets.”...

Crane met with Senator Marco Rubio (R., Fla.), a leading member of the Gang of Eight, on Monday, after repeated requests. After the meeting, he formally asked Rubio to delay the release of the legislation until “our officers and experts can provide real legislative input.” That didn’t happen. Crane’s biggest concern is that the Obama administration’s ability to ignore current immigration law is a strong sign that any future enforcement measures are unlikely to be implemented. “The single biggest breakdown in our entire immigration system is the fact that every president and every president’s appointees are able to pick and choose which laws they will follow and which laws they won’t,” he says.

Rubio, for his part, acknowledged such concerns in a conference call with conservative journalists on Tuesday. “People have a right to be skeptical about this administration’s commitment to enforcing immigration law,” he said. “The good news is that Barack Obama will only be president for three-and-a-half [more] years. He won’t be president forever.” ICE agents tasked with enforcing the law are hoping they won’t have to wait that long." via Mark Levin

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Ed. note: Marco "Mr. Happy" Rubio. I just don't care for phonies.

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