Federal judge: Obama/DHS can’t let DREAM-eligible illegals stay if the law says they should be deported

posted at 8:01 pm on April 24, 2013 by Allahpundit

Via Ace, this is just one district court’s decision and it’s not a final decision. It’s a preliminary ruling on an injunction, with the feds entitled to file additional arguments before the injunction is granted and then appeals inevitably to follow. Even so, it’s news. Remember O’s big election-year immigration pander, declaring that he was going to exercise his “discretion” as chief executive not to deport young illegals who would have qualified for amnesty under the DREAM Act that’s never passed Congress? That was his way of trying to consolidate the Latino vote before November. More importantly, it was a precedent for what he might do if the Gang of Eight bill collapses and immigration reform falls apart in the Senate this summer. If he could grant de facto unilateral amnesty to DREAMers by simply choosing not to deport them, couldn’t he do the same with broader classes of illegals? If he can, it’s major leverage over Republicans who oppose immigration reform but tremble at the thought of Obama trying to mobilize Latinos next year with some grand pander.

The court’s verdict: Nope, Obama and DHS can’t choose not to deport people if federal law says deportation is required.

Announced by Obama and Homeland Security Secretary Janet Napolitano last year, the directive gives agents the ability to defer action on people unlawfully in the U.S. if they came to the country under the age of 16, are in school or have obtained a high school diploma, haven’t been convicted of a felony, significant misdemeanor or multiple misdemeanors, and aren’t a threat to public safety or national security.

“The court finds that DHS does not have discretion to refuse to initiate removal proceedings” when the requirements for deportation under a federal statute are met, O’Connor said today in a 38-page decision, referring to the Department of Homeland Security…

The case was filed by attorney Kris Kobach, who also serves as Kansas Secretary of State and is a national Republican Party adviser. Lead plaintiff Christopher L. Crane is president of the National Immigration and Customs Enforcement Council, a 7,600- member federal immigration agents’ union.

“Officers are applying the directive to people detained in jails, not kids in school,” Crane testified at the April 8 hearing. “It is now the story in the jails for aliens to use to avoid arrest and deportation.”

Senate Republicans pushed Napolitano about this during her testimony yesterday, with Jeff Sessions noting that he’s never heard of a union suing an agency because the agency refuses to let them do their job under the law. Napolitano’s reply, essentially: I make the law.

“There are tensions with union leadership, unfortunately, but here’s what I expect as a former federal prosecutor and attorney general, and that is that law enforcement agents will enforce the law in accord with the guidance they’re given from their superiors,” Napolitano said. “That’s what we ask of ICE, that’s what we ask of Border Patrol, that’s what we ask throughout the Department and I believe that would be consistent with all law enforcement. Agents don’t set the enforcement priorities. Those are set by their superiors and they are asked then to obey that guidance in accord with the law.”

Is that right? Is deporting DREAMers simply a low “priority” for ICE, or is there a de facto “no deportation” rule in place, regardless of whether the agency has resources in place to deport some? They’re two different things, and the distinction will be important if/when O tries to declare a broader amnesty this year or next.

In other immigration news, if you enjoyed the pro-immigration-reform ad in last night’s QOTD from, ahem, “Americans for a Conservative Direction,” here’s something else from the group via Erick Erickson to give you an idea of the “conservative direction” they’re headed in. These are the people who want the Gang of Eight bill, with its phony border security, to pass.


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ROTFLOL. And this will be enforced by…who, exactly?

The Secret Service throwing him in the Big House so hard he bounces off the wall twice? The military showing up at his door locked and loaded? A street-covering mass of armed citizens?

MelonCollie on April 24, 2013 at 8:03 PM

They could care less now, this was about a decision last year to garner more votes–nothing else.

hillsoftx on April 24, 2013 at 8:05 PM

This is from last July, you wait till they have the “reform bill” to enforce:

A top union official for Immigration and Customs Enforcement (ICE) officers said Thursday that President Barack Obama’s administration has ordered ICE agents to blindly — and without any evidence — believe illegal immigrants if they claim they qualify for Obama’s administrative DREAM Act.

Read more: http://dailycaller.com/2012/07/27/immigrants-dont-have-to-prove-they-meet-dream-act-criteria-to-be-released-ice-union-chief-says/#ixzz2RQepNhlY

IlikedAUH2O on April 24, 2013 at 8:08 PM

Another rant from our Perpetual Man Child?

Electrongod on April 24, 2013 at 8:08 PM

Obama: “You mean, sentiment and feelings don’t trump the law? Then why do I always have this stupid smile on my face?”

Paul-Cincy on April 24, 2013 at 8:09 PM

The court’s verdict: Nope, Obama and DHS can’t choose not to deport people if federal law says deportation is required.

Bawwhhhahahahhaaa…the court is so wrong,
but I’m sure the judge will correct himself.
What a moroon judge to even think that the sultan and his courtiers have to follow any law . The sultan is the law !!!

burrata on April 24, 2013 at 8:09 PM

Since President Obama required the “Dreamers” to come out of the shadows to register for this program, it should be easy to find these ILLEGALS and their families to show them to the exit.

Time to actually enforce U.S. immigration laws, DHS.

wren on April 24, 2013 at 8:10 PM

Once upon a time, there was a concept of Lex, Rex. The Law is king.

Under Obama we now have Rex, Lex. The King is Law.

Isn’t this what got the Founders all in a huff about George III?

coldwarrior on April 24, 2013 at 8:11 PM

In case you still trust DHS. Again from last July…

The new directive would contradict Homeland Security’s own words in announcing the policy, which said that “only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action.

Read more: http://dailycaller.com/2012/07/27/immigrants-dont-have-to-prove-they-meet-dream-act-criteria-to-be-released-ice-union-chief-says/#ixzz2RQfi461Y

IlikedAUH2O on April 24, 2013 at 8:11 PM

Laws were not made for Obama Zod.

VorDaj on April 24, 2013 at 8:11 PM

Agents don’t set the enforcement priorities. Those are set by their superiors and they are asked then to obey that guidance in accord with the law.”

Since when is this administration concerned about ‘the law’. Just ask the agents at ATF.

GarandFan on April 24, 2013 at 8:12 PM

I still upset since DHS was a decent model of Cadillac sedan and look what these people have done with honorable initials.

IlikedAUH2O on April 24, 2013 at 8:12 PM

Isn’t this what got the Founders all in a huff about George III?

coldwarrior on April 24, 2013 at 8:11 PM

George III was just an premature small fry version of Barack I.

VorDaj on April 24, 2013 at 8:14 PM

I don’t think we have much to worry about these “GOP” groups pushing amnesty… I’m pretty sure they’re mostly about GOP consultants getting bling.

ninjapirate on April 24, 2013 at 8:14 PM

If he could grant de facto unilateral amnesty to DREAMers by simply choosing not to deport them, couldn’t he do the same with broader classes of illegals? If he can, it’s major leverage over Republicans who oppose immigration reform but tremble at the thought of Obama trying to mobilize Latinos next year with some grand pander.

Let him go ahead. Maybe the trembling Republicans would have a better chance at the polls if they stopped trembling and counted on their base instead of trying to woo Hispanics who aren’t going to vote for them in any event.

If they keep pandering to everyone except their base support, they’ll have no supporters.

Curtiss on April 24, 2013 at 8:14 PM

This judge has apparently acted stupidly…

Now watch how this ruling is outright ignored or Presdent O-Bama E.O.’s da hell outta thangs…

BigWyo on April 24, 2013 at 8:18 PM

And this will be enforced by…who, exactly?

What was it that Andy Jackson said?

John Marshall has made his decision, now let him enforce it!

myiq2xu on April 24, 2013 at 8:19 PM

Don’t you just hate having to obey the law.

rbj on April 24, 2013 at 8:21 PM

myiq2xu on April 24, 2013 at 8:19 PM

And Randy Jackson said, “Barry, you are going to Hollywood, baby!”

:-)

coldwarrior on April 24, 2013 at 8:23 PM

that’s never passed Congress?

Who needs the law or Congress? Not Obama.

CW on April 24, 2013 at 8:25 PM

Sir Golfsalot is not king, yet?

Schadenfreude on April 24, 2013 at 8:26 PM

NumbersUSA has been running ads against Lindsey Graham for supporting amnesty and his approval has dropped 14% among Republicans and he has an overall approval rating of 43% in SC. I assume that’s the reason for this pro Graham ad. I noticed in the new ad that there is no mention of Grahams being part of the “Gang of 8″ and his support for amnesty for illegals. I wonder why?

Hera on April 24, 2013 at 8:29 PM

Q: What difference does it make?

A: None

Seriously, why would King Turd’O care about what a judge – a court – the law – says? He can do whatever he wants, and no one is going to stop him.

Pork-Chop on April 24, 2013 at 8:32 PM

Unfortunately, the Omperor is very much like Old Hickory…

‘[Chief Justice] John Marshall has made his decision, now let him enforce it!’

- President Andrew Jackson

Lawlessness rules.

Resist We Much on April 24, 2013 at 8:33 PM

They could care less now, this was about a decision last year to garner more votes–nothing else.

hillsoftx on April 24, 2013 at 8:05 PM

Well, it’s also another part of the plan to bankrupt our country in order to hasten its demise and ready us for socialist/communist takeover.

maryo on April 24, 2013 at 8:33 PM

Inept administration should focus on security, alas.

Schadenfreude on April 24, 2013 at 8:34 PM

What an impertinent cow Napolitano is.

Schadenfreude on April 24, 2013 at 8:34 PM

What an impertinent cow Napolitano is.

Schadenfreude on April 24, 2013 at 8:34 PM

Heh.

Curtiss on April 24, 2013 at 8:42 PM

Federal judge: Obama/DHS can’t let DREAM-eligible illegals stay if the law says they should be deported

More directly:

Barky committed (yet another) clearly impeachable and prosecutable action with his Sukarno-like dictat from the Oval Office.

No big deal … that was only around the 60th clearly impeachable and prosecutable offense that the Indonesian Dog-eating Imbecile had committed during his time in office (and the handful he had committed while running for an office he was ineligible for, to start with).

But, not only didn’t the GOP start impeachment proceedings (or even seriously raise the issue of impeachment for the dictatorship making law on the fly and spitting on the notion of American sovereignty), the Republican idiots have spent the last few months jumping on the anti-Constitutional, anti-American bandwagon along with the Indonesian and have spent their time working for the interests of aliens (illegal aliens, at that) and against America and the American citizenry who are the only ones whose interests our government is formed to serve.

“secure the Blessings of Liberty TO OURSELVES AND OUR POSTERITY”

ThePrimordialOrderedPair on April 24, 2013 at 8:44 PM

Schadenfreude on April 24, 2013 at 8:34 PM

Very disturbing..:(

PS..Listen to video..:(

Dire Straits on April 24, 2013 at 8:52 PM

The court’s verdict: Nope, Obama and DHS can’t choose not to deport people if federal law says deportation is required.

Has Rubio started to organize the illegals to help him protest against the court?

lynncgb on April 24, 2013 at 8:57 PM

His Most Exalted Imperial Oneness will disagree by Executive Order Imperial Decree and the DHS and Justice Minions will sit on their hands.

ghostwalker1 on April 24, 2013 at 8:58 PM

The rule of law means nothing to these liberals and most people are too oblivious to care.

cynccook on April 24, 2013 at 8:59 PM

Very disturbing..:(

Dire Straits on April 24, 2013 at 8:52 PM

Your link didn’t work. :-(

lynncgb on April 24, 2013 at 9:00 PM

Dire Straits on April 24, 2013 at 8:52 PM

Dire, Check your link.

You can’t get money for nothing.

But, the chicks? They are still free.

:-)

coldwarrior on April 24, 2013 at 9:01 PM

Obama: “this is my best poochy lip face…..it always works”

BobMbx on April 24, 2013 at 9:01 PM

Has Rubio started to organize the illegals to help him protest against the court?

lynncgb on April 24, 2013 at 8:57 PM

Silly! He wouldn’t do that! He’ll get one of his “spokesmen” to do it for him!

cynccook on April 24, 2013 at 9:02 PM

coldwarrior on April 24, 2013 at 9:01 PM

Very disturbing..:(

PS..Sorry..Fixed..:)

Dire Straits on April 24, 2013 at 9:12 PM

But, the chicks? They are still free.

:-)

coldwarrior on April 24, 2013 at 9:01 PM

LoLz..I hear you..Good to see you..:)

Dire Straits on April 24, 2013 at 9:15 PM

cynccook on April 24, 2013 at 9:02 PM

Hello stranger..I hope all is well with you and yours..:)

Dire Straits on April 24, 2013 at 9:16 PM

Agents don’t set the enforcement priorities. Those are set by their superiors and they are asked then to obey that guidance in accord with the law.

If only Nappy would listen to what she herself had actually said…

CapnObvious on April 24, 2013 at 9:17 PM

Hello stranger..I hope all is well with you and yours..:)

Dire Straits on April 24, 2013 at 9:16 PM

Hi Dire :D We’re as well as can be expected for people living in the last days of a rapidly dying empire. Not knowing what lies around the corner from day to day just adds a certain excitement to the proceedings. I guess.

Hope all is well in your little part of the world. :)

cynccook on April 24, 2013 at 9:20 PM

He’ll get one of his “spokesmen” to do it for him!

cynccook on April 24, 2013 at 9:02 PM

Heh…yeah, he could lead them in some “slave” songs.

lynncgb on April 24, 2013 at 9:20 PM

lynncgb on April 24, 2013 at 9:00 PM

Sorry..See the 9:12 PM post..:)

Dire Straits on April 24, 2013 at 9:22 PM

Dire Straits on April 24, 2013 at 9:12 PM

And Mommy Tsarnaev is just your average mohamedan, a moderate follower of the prophet, not a jihadi, of course….and doesn’t care if her son(s) are killed…but praise Allah, whatever.

That is truly disturbing.

This is the problem with Islam and the rest of the world.

Saw it in Egypt, Gaza Lebanon and across the Middle East as far back as the 80′s.

Mothers praising “allah” when their own kids blew themselves up.

Sick. Truly pathetic.

There is no redemption.

They cannot be fixed.

Yet…we are at fault?

We have to change our ways?

To paraphrase James Carville…”it’s the religion, stupid!”

coldwarrior on April 24, 2013 at 9:23 PM

cynccook on April 24, 2013 at 9:20 PM

I’m wearing shades..:)

Dire Straits on April 24, 2013 at 9:23 PM

Dire Straits on April 24, 2013 at 9:23 PM

Time for a little Timbuk3?

coldwarrior on April 24, 2013 at 9:25 PM

coldwarrior on April 24, 2013 at 9:23 PM

+ 100..I agree..It raises the hair on your back..:(

PS..Did you have much dealings in Chechnya “back in the day”??..:)

PSS..Great to see you..:)

Dire Straits on April 24, 2013 at 9:28 PM

coldwarrior on April 24, 2013 at 9:25 PM

LoLz..Sounds good..:)

Dire Straits on April 24, 2013 at 9:29 PM

LoLz..Sounds good..:)

Dire Straits on April 24, 2013 at 9:29 PM

Don’t get too excited, that enormous glow in the sky there is probably just a burning city.

cynccook on April 24, 2013 at 9:32 PM

cynccook on April 24, 2013 at 9:32 PM

Sadly..You could be correct..:(

PS..How is the puppy?..:)

Dire Straits on April 24, 2013 at 9:38 PM

LOL, I can hear Obama and Napolitano laughing their asses off now – as if they give a f*ck what a federal judge has to say. Have they not demonstrated repeatedly that they will simply continue to not comply?

Levin was all excited about this – heaven knows why.

Midas on April 24, 2013 at 9:39 PM

He doesn’t care about the law. Do you honestly believe Barry will give a crap about a judge? How is the Judge going to enforce his/her ruling?

Doomsday on April 24, 2013 at 9:39 PM

See the 9:12 PM post..:)

Dire Straits on April 24, 2013 at 9:22 PM

Just saw it. The woman is reprehensible…to say the least.

lynncgb on April 24, 2013 at 9:41 PM

Sadly..You could be correct..:(

PS..How is the puppy?..:)

Dire Straits on April 24, 2013 at 9:38 PM

Don’t mind me — I’m just all cynical and disaffected and stuff now. The puppy is still adorable and still resolute in his belief that we want him to a)shred the contents of all wastebaskets b)sexually assault unsuspecting visitors c)relieve himself all over the carpets at every opportunity. On the bright side, he is helping with our plastic action figure overcrowding problem. He’s also helped the kids become more creative. Now when they’re playing they have to come up with explanations for why so many of their little guys are missing hands and/or feet. So, still a puppy.

cynccook on April 24, 2013 at 9:43 PM

Janet Naploitano, Durbin, et al, all supporters of amnesty, LIED during the hearings this week.

They all BRAGGED about how great E-Verify is now (even though still voluntary!!) while trying to convince America to swallow amnesty in trade for improved border security and economic security.

HOWEVER – page 503 of the bill REPEALS E-Verify!!! It also repeals most state laws enforcing E-Verify. In trade for repealing E-Verify, the bill has a PLAN for a new, improved system years from now.

Bragging about E-Verify to promote their bill, while the bill itself REPEALS E-Verify, is an outright devious LIE.

The bill guarantees only ONE thing — immediate amnesty for 11 to 20 million foreign invaders.

It promises many things — plans, just plans.

fred5678 on April 24, 2013 at 9:43 PM

cynccook on April 24, 2013 at 9:43 PM

+ 100..LoLz..Ain’t that America??!!??..Sounds good too me..:)

Dire Straits on April 24, 2013 at 9:48 PM

As for the Mohammedans, Arnaud Amalric had it right…

On a related topic, Lindsey Gramnesty says that with Rubio’s leading the way, that nearly-1000 page immigration “reform” bill will pass.

According Graham, the GOP can’t afford to alienate (pun intended) all those Hispanic votes.

coldwarrior on April 24, 2013 at 9:49 PM

Geez, those darn checks and balances are so inconvenient when you’re a progressive trying to do Big Things(TM). I think it’s time for another Tom Friedman column about how we need to be more like China and just Get Things Done, rule of law and the Constitution be damned.

Hayabusa on April 24, 2013 at 9:54 PM

Remember O’s big election-year immigration pander, declaring that he was going to exercise his “discretion” as chief executive not to deport young illegals who would have qualified for amnesty under the DREAM Act that’s never passed Congress?

I also remember when that reporter dared ask him a question at a press conference. The rat-eared coward was clearly irritated and just screamed “It’s the right thing to do” about fifty times. Arrogant bastard.

Happy Nomad on April 24, 2013 at 9:58 PM

They really just don’t care about what a judge says, laws are meaningless. And we get this another 3 1/2 years.
We. Are. So. Screwed. No one cares. It’s something every single day and people are too busy worrying about what some teen mom on some reality show is talking about and the media covers every lie they tell.
I’m usually not so pessimistic…

americanmama on April 24, 2013 at 10:42 PM

SOBama.

stuartm80127 on April 24, 2013 at 10:48 PM

The problem here is that our country was founded with the principle of LEX REX and the big O up there in the white house believes in REX LEX!

American Patriot1980 on April 25, 2013 at 1:23 AM

but here’s what I expect as a former federal prosecutor and attorney general, and that is that law enforcement agents will enforce the law in accord with the guidance they’re given from their superiors,” Napolitano said.

HAHAHAHAHAHA. Right. Never mind the constitution or the laws on the books (or the oath that you took to uphold and enforce same), right Nappy? Those agents should just follow orders . . . like all good Nazis. How dare they think for themselves and question their “superiors”! Just because their “superiors” give them orders that clearly violate the constitution and existing federal law is no reason for them to refuse to do their job, right? Party over country every time, eh Nappy? Heil Obama! Mmmm, mmmmm, mmmmm.

AZCoyote on April 25, 2013 at 8:18 AM

A judge told Obama that he cannot do something the law does not allow him to do? I hope this judge doesn’t have an unfortunate “accident.”

MPan on April 25, 2013 at 8:59 AM

Obama can’t refuse to defend the law, which he promised to defend and uphold when he took his oath of office….but he did.

Obama can’t wage war for an extended period of time without asking Congress for approval because it violates the War Powers Act and the Constitution….but he did.

Obama can’t CREATE NEW RIGHTS for Illegals, ordering the Justice Department NOT to arrest, detain, charge, prosecute, and/or jail any illegal who perpetrates any crime LESS THAN A FELONY! As I said, that is a ‘right’ that American citizen does not have but something that happened! In-state tuition, social program benefits, driver’s licenses, etc – all ‘rewards’ & ‘rights’ afforded to criminals by this President in exchange for votes…

Obama/Hillary can’t deny an Ambassador additional security after 2 previous terror attacks and a warning that without that additional security & a third attack happens he will die …but it happened.

Obama can’t give thousands of guns and grenades to Mexican Drug Cartels, resulting in the deaths of over 300 people, and then attempt to disarm law-abiding citizens…but is happened.

Obama can’t call the attack of a Jihadist killing his fellow sldiers as he yells ‘Allah Ackbar’, & after he threatened to behead his fellow officers if they did not convert to islam, a case of ‘Workplace Violence’…but it happened.

easyt65 on April 25, 2013 at 9:02 AM

Isn’t this what got the Founders all in a huff about George III?

coldwarrior on April 24, 2013 at 8:11 PM

Yep. And, we all know how that turned out. The anti-freedom folks were not the winners in that little kerfuffle.

GWB on April 25, 2013 at 9:19 AM

What??? A court is saying that Obama is breaking a law???? Nothing will come of it.

xmanvietnam on April 25, 2013 at 10:58 AM

Just a cotton-pickin’ minute here.
Who is this judge to tell us that we have to follow the law, and not the whims and predilections of our governmental leaders/betters?
Oh, the Humanity!

Another Drew on April 25, 2013 at 11:49 AM

Big deal. The courts can’t arrest Napolitano.

So who is going to do the arresting and bringing to trial those that violate the law?

Let me answer that: No one.

Nothing will change. Nothing.

Carnac on April 25, 2013 at 1:24 PM

Article II, Section 4 of the Constitution of the United States expressly provides that:

“The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.”

(my emphasis provided)

This essentially civil power is expressly relegated to the House of Representatives. Therefore, the House should seriously consider the adoption of a rule providing for the streamlining of the impeachment process, whereby the House would undertake, with all deliberate speed, to initiate and prosecute that process for any federal official, who in their determination, so commits an impeachable offense.

Secondly, the House should adopt a Rule providing for purposes clearly relating to the protection of the American public, that at a minimum the failure of ICE officials, or of any official up to and including the President of the United States, to enforce existing federal law by not initiating and prosecuting deportation proceedings against any individual who is on any federal terror watch list, or who has been convicted of a federal or state crime, is a “high crime and misdemeanor” within the meaning of the U.S. Constitution, and, further, specifying that any such high crime and misdemeanor is defined as an impeachable offense within the meaning of the United States Constitution.

The impeachment power is expressly relegated to the United States House of Representatives, and, therefore, the defining of “high crimes and misdemeanors” is a power held exclusively by the House. “High” references to offenses which for the most part may only be committed by “high” officials. It is not limited to actions that are generally designated as criminal offenses.

And, historical precedent makes it very clear that the adoption of a bill of impeachment, including in those few historical cases involving the President of the United States, is simply NOT dependent on the prior arrest and/or conviction in court of the official in question, i.e., before the impeachment moves to trial in the Senate. It is power aimed at the removal of obnoxious persons from positions of power, to paraphrase Benjamin Franklin. It is not a criminal process.

Lets see how the President, Janet Napolitano and/or Attorney General Eric Holder respond to the gearing up of that preliminary process.

I’d love to hear Jay Carney’s explanation for why federal officials like Janet Napolitano should not be held responsible, by way of a process of impeachment, for deliberately failing to enforce existing federal law when it comes to terror watch individuals, or convicted criminals.

Trochilus on April 25, 2013 at 5:33 PM