Dallas ICE Agent Sues ICE, Homeland Security Over Obama's Deportation Deferral

Categories: Immigration

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Ten ICE agents, including one from the Dallas office, are suing ICE and Homeland Security in a Dallas federal court over a directive from President Barack Obama that would defer in some cases the deportation of undocumented immigrants brought here as children. Dallas enforcement and removal officer David A. Engle and the other agents say the policy would force them to violate their oaths to uphold federal law.

The plaintiffs are represented by immigration warrior and Kansas Secretary of State Kris Kobach, who helped author and defend Arizona's controversial immigration law, along with a Farmers Branch ordinance intended to prevent undocumented immigrants from renting apartments and houses within the city limits.

Obama's directive, a watered-down DREAM Act without the promise of permanent legal immigration status, would grant a two-year deportation deferral to undocumented immigrants brought here under the age of 16. The beneficiaries have to have a high-school education or military service and no criminal record.

The policy was envisioned as a humane way to lighten the burden on backlogged immigration courts and strained detention facilities. Republicans claim the directive, potentially applicable to nearly two million undocumented immigrants, is a naked bid for the Hispanic vote, amounting to little more than backdoor amnesty.

Homeland Security Secretary Janet Napolitano countered that the policy grants undocumented immigrants a deferral, not lawful immigration status. Nevertheless, the ICE agents claim it violates the Immigration and Nationality Act, though the law does give immigration officials the ability to use discretion.

Chris Crane, one of the plaintiffs, is also the president of the National ICE Council, the union representing agents. The union issued a vote of no confidence in ICE director John Morton in 2010, protesting a policy that would focus enforcement and removal operations on criminal aliens. The union's rank and file has a history of bucking edicts from agency leadership, and some agents now claim they have been disciplined for issuing notices to appear before an immigration judge to noncriminal immigrants.

ICE brass say they are simply using their finite resources prudently. The lawsuit asks a federal judge to strike the directive.

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24 comments
scottindallas
scottindallas topcommenter

Chris Kobagh has a record of not understanding the law.  Better legal counselors advised FB on a better course of action.  But, the self serving mayor of FB pursued other advice.  FB and AZ have been buried under legal fees.  Meanwhile, those wiser lawyers quietly implemented the Irving and Arlington plans which were not challenged the same way, and are all that remains of AZ's law.  This Ice Agent has an unscrupulous lawyer, or he's a fool.  This case is dead in the water.

roo_ster
roo_ster

It is heartening to see gov't employees take their oaths seriously.

rush_jr
rush_jr

I believe most of the people posting are overlooking the obvious issue here.  The issue is not about unions.  It is about a miserable excuse of a president using executive privilege to circumvent federal law.  The agents that are charged with enforcing federal law are now violating the oath that they took to uphold federal by not deporting illegal entrants to this country.  There is no place in our constitution that allows a suspension of immigration law.

This executive directive is a direct contravention of U.S. immigration laws and is only a ploy to bolster the democratic vote for the current liar in chief.  There is no denying the obvious pandering to the illegal millions of brown voters that would be in the country during the election in November.  Add to this the number of states, my state of California is the worst, that require no identification to vote in the election and it becomes quite clears why this directive was given at this particular time.

This country is very close to falling off a precipice that is going to result in physical war between an invading horde of third world trash and the middle class of the current free America.  Our lying, illegal loving president is salivating over the thought of this clash because it will give him the ability to declare marshall law.  Once he declares marshall law, there will be a serious choice that will have to be made by all of the military and homeland security personnel.  Do they honor the office of the president or do they realize that the current holder of the office lied when he took his oath to preserve and protect the Constitution of United States of America and stand with the citizens of the United States of America.

This caricature of a president has not only forgotten but he takes great joy in trampling upon and spitting in the face of the first words of the U.S. Constitution "We the people...".

It is time "We the people..." stand up for the most incredible country in the world, support our constitution and those (the rank and file of ICE) that support and uphold the constitution, tell Barry Sotero that he cannot overthrow this country of free people.   

UnCoverUp
UnCoverUp

First impression is that this law suit is simply frivolous and the lawyer-lobbyers (lawbyers) who filed it will be sanctioned by any honest federal judge. However a little background information in the Strasburger & Price, LLP lawbyer Peter Michael Jung who selected the judges of US District Court for Northern District of Texas to rule in the case may illuminate what Jung is up to here.

 

In the RICO case brought by Albert G. Hill, III against Albert G. Hill, Jr. (TXND Case # 3:07-cv-02020-O) Jung was co-counsel with Lynn Tillotson Parker & Cox, LLP lawbyer Michael P. Lynn, husband of former Carrington, Coleman, Sloman & Blumenthal, LLP lawyber Barbara M. G. Lynn ("Lynn") who was installed as a Northern District judge in 1999 by the Clinton Administration at the request of Baron & Budd, PC President Frederick M. Baron ("Baron") and Secretary Lisa A. Blue-Baron ("Blue-Baron"). In that case, Lynn's husband's and Jung's client, Hill Jr., was caught in fraud upon the federal court administered by one of Lynn's colleagues, Reed C. O'Connor. The case "settled" shortly after the fraud was discovered, but O'Connor never sanctioned Hill Jr.'s lawbyers who had obviously aided and abetted the fraud upon his court. O'Connor went on to award Hill III's lawbyers, Blue-Baron, Charla G. Aldous and Stephen F. Malouf (self-named "BAM" lawbyers) tens of millions of dollars in hotly disputed contingency fees, turning a blind-eye to compelling evidence showing that the BAM lawybers had colluded with Lynn's husband and Jung in getting Hill Jr. to perjure himself so that the BAM lawbyers could collect on an unconscionable contingency fee contract that had only been signed a few months before settlement of the long-running case.

 

The Senators sitting on Judiciary Committee at the time she was confirmed should have been notified by the FBI that as a partner at Carrington, Coleman, Sloman & Blumenthal, LLP, Lynn and her firm had unlawfully influenced lawbyers in the Dallas US Attorney's Office and the Dallas District Attorney's Office to shield Baron and Blue-Baron from criminal prosecution for fraud upon several federal bankruptcy courts around the country and state courts around Texas to facilitate their collection of 40% contingency fees in tens of thousands of asbestos claims cases in which Blue-Baron used her psychology expertise to systematically create false memories in Baron & Budd, PC clients.

 

US Attorney Sarah R. Saldaña needs to pay attention to pattern Jung and his business partners have established to see if Jung's most recent lawsuit is simply another frivolous lawsuit or part of a pattern of frauds WITH federal judges in furtherance of a criminal enterprise.

LegalEagle
LegalEagle

So many J.D.'s here, I am impressed. The President implements the laws Congress imposes. A deferral is easily within his powers. SCOTUS would not even rule on that issue. It's a political question at best. All these guys work for the President. Honestly, he should just dissolve Homeland Security.

 

Repeal the 14th Amendment if you don't like anchor babies, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.."

 

Better yet, give Texas back to Mexico.

ephesians_2_14
ephesians_2_14

“These people honor me with their lips, but their hearts are far from me.  They worship me in vain; their teachings are merely human rules.” Matthew 15-9, Isaiah 29:13.   We need public servants that are truly committed to promoting authentic justice and bring blessings to all people.

TexOHara
TexOHara

So what happens at the end of the two-year deferral?

Sarge
Sarge

This prez is over-stepping his bounds and getting bolder. These guys should uphold the law and tell him to stick it. This isn't that type of country run by a dictator (yet)

LiberalsAreSoNaive
LiberalsAreSoNaive

Wow, an Observer article about illegal immigration that wasn't soaked in pathetic white liberal guilt!

soisay
soisay

Union thugs? Think they can run their operation better than company management? They report to the people. I keep reading that public service unions are inappropriate.

RTGolden
RTGolden

I'm impressed Brantley.  This might be the only fair and impartially written article I've seen, read, heard or been told about in any news medium for a long long time. Certainly the only fair and impartial article I've seen in UP.........ever.

oakclifftownie
oakclifftownie

These guys better hope Mitt wins ....But as a Union they might want to rethink that .

scottindallas
scottindallas topcommenter

 @rush_jr except, that's the chief execs prerogative, and the courts have said as much.

RTGolden
RTGolden

 @soisay At their core, unions have no place in the public sector.  A union's primary purpose is to garner a fair share of the profits of workers' labor for the workers.  In the public sector there are no profits, there's only taxes.  The payors (taxpayers) have no seat at the table in management/union negotiations in the public sector, thus it is an unbalanced scenario: Neither side of the negotiations give a hoot about the money involved, it isn't theirs.

Strikes also are at cross purposes with public service.  When the public sector goes on strike, they don't hurt management, they hurt the public.  When teachers strike or 'sick out', it hurts the kids.  When police and fire strike, it puts the public in a greater degree of danger.  This is why the military has no union, and can't have it, by law.

The flip side of the coin is that public service employees need better protections than our politicians are willing to give them, without the clout of unions or trade/professional organizations.  So, what to do?

oakclifftownie
oakclifftownie

 @soisay Its got to be Okay

Kris Kobach Is a Staunch Republican So I guess deep down in his heart he must be a Union Guy too.

 

 

holmantx
holmantx topcommenter

 @RTGolden agreed; he disarmed me.  Particularly with the inclusion of the scathing No Confidence vote by ICE rank and file in 2010.

 

The underlying premise is that the Congress passes laws through the legislative process and the Executive Branch enforces the laws.  The President, due to separation of powers, swears an oath to uphold the Constitution and the laws the People pass through their elected representatives.

 

This executive order directly contravenes immigration law, forcing the agents to choose between their oath to enforce and the political order to not enforce.  In effect, by suing they are asserting they have been handed an illegal order.  Let SCOTUS decide.

rush_jr
rush_jr

 @scottindallas  @rush_jr

 There have been times in the history of the U.S. that our nations duly elected officials have made mistakes. Slavery and Japanese internment come immediately to mind. Both of those situations have been shown to be a serious shadow on the ability of our elected officials, with the consent of our judiciary, to clearly misunderstand the difference between evil and good.  

It is my consistent hope (usually a childish dream), that people like you will realize that the elected officials in this country are not cast in the mold of God, or in the case of the current occupier of the White House, Allah and are not to be followed over the proverbial cliff like lemmings.  

Do not for a minute think that the citizens of this country will line up like the Germans did in the 1930's or the Russians in 1917.  When we are backed into a corner we will come out fighting and it will be a war with one winner.  If you recall your history (not likely) you might have knowledge of the most deadly war fought by the United States; commonly called the Civil War.  I have no desire to see the blood of good, honest American citizens shed over the stupidity of an illegal alien, but I do know that the election in November has the chance of starting a similar conflagration if the idiot in chief should be re-elected and continue with his efforts to tear this country apart. 

scottindallas
scottindallas topcommenter

 @RTGolden  @soisay our elected representatives are representing us.  It would seem easier to me to negotiate with a union than with each worker individually. 

 

You're really bitching that our reps don't rep us.  That's true.  But, the responsibility lies at our feet.  I think you do better than most, but the blame still falls on us collectively.

scottindallas
scottindallas topcommenter

 @holmantx  @RTGolden they did, and they've deemed your argument lacking.  The executive branch gets to execute.  Perhaps you forgot about Andrew Jackson.  If you were so principled, you would've mentioned the man's crimes by now.  You, rather are a rank opportunist.

scottindallas
scottindallas topcommenter

 @rush_jr So, preferring to lock up criminal aliens in favor of those who were brought here as children, raised in our schools, and property taxes have been paid is akin to internment camps?   I think you're the one lacking reflection.  The courts were wrong on Jim Crow and many other issues. 

 

Answer me this, do you ask those who work on your house if they're documented?  IF you're too lazy to do that, and your radio righties refused to ask you to ask, then there's no market for documented workers.  I've had two customers ask me in 20+ years, both worked for the DOJ. 

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