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  • Immigration Enforcement: DHS Actions Further Erode the Rule of Law

    An Immigration and Customs Enforcement (ICE) officer in Newark, Delaware, is facing suspension for refusing to release an illegal immigrant because he was not a “priority target” under the Obama Administration’s new immigration enforcement policies.

    In March, the officer arrested an individual under suspicion that he was a criminal alien under investigation by the Department of Homeland Security (DHS). Turns out he wasn’t the man they were after, but he was an illegal alien with 10 previous traffic violations. Upon learning this, the officer moved to charge the illegal alien and let the courts sort it all out.

    It all seems to make perfect sense, right? An ICE agent acted within the scope of his authority to enforce federal law then turned the case over to the courts. The agent’s supervisors, however, saw it differently and ordered the illegal immigrant released. The officer refused and now faces a possible three-day suspension. He also risks losing his job and his pension if he arrests another illegal immigrant not considered a priority target by the Administration.

    In June of last year, ICE director John Morton issued a memorandum granting ICE officers discretion in enforcing federal law and pursuing illegal immigrants, placing an emphasis on the detention and deportation of illegal immigrants who pose a risk to national security or public safety or have committed a felony or repeat criminal offenses.

    A second memorandum, released this past June, also called for the use of prosecutorial discretion for illegal immigrants who were brought to the U.S. under age 16 and are attending school or have served in the military. This time, the Administration’s actions served to undercut legislative efforts in an attempt to implement major elements of the DREAM Act, which has been considered and rejected by both Democratic- and Republican-controlled Congresses.

    In discussing these memoranda, Heritage’s Matthew Spalding explains that “Secretary Janet Napolitano instructs her employees to use ‘prosecutorial discretion.’ But what she actually intends to do is take away discretion by laying out very specific criteria.”

    If illegal immigrants do not meet the criteria, DHS will not prosecute them, a message that came out loud and clear in the situation in Newark earlier this year. However, not only was the illegal alien released in this case, but the ICE agent who refused to release him now faces disciplinary action.

    This fact, as Senator Jeff Sessions (R–AL) explains, sends “a message to agents in the field that they will be punished for doing their duty and enforcing the law.” It once again shows the Obama Administration’s lack of commitment on immigration enforcement.

    Rather than continuing to erode the rule of law, it’s time the Administration work with Congress to show the nation that it takes our country’s immigration challenges seriously.

    Posted in Featured [slideshow_deploy]

    15 Responses to Immigration Enforcement: DHS Actions Further Erode the Rule of Law

    1. ROGERGB says:

      Sounds lie a plan, let them come, give them amnesty and Boom, A prepaid vote. I wish people would wake up an see that Obama is creating a Dependency constituency. I saw it form the beginning. I can only pray that enough people wake to rid ourselves of the terrible future I see coming for my children and grand children. I will not let this happen and know I will have plenty of help.

    2. wigglwagon says:

      We need to get rid of all the ICE employees. Paying them is a waste of money.

    3. Clare Rothi says:

      Janet Napolitano is a disgrace and so is Congress for letting her get away with this crap. It's time to start enforcing our laws.

    4. Lloyd Scallan says:

      Again, the people are being fooled into believing this is the work of DHS or Napolitano. Answer one simple question. Does anyone really believe anyone in this government or administration is acting on their own without direct instruction from Obama? If you answer yes, you had better wake up and smell what
      Obama is shoveling to deflect blame away from his doorstep.

      • Bobbie says:

        why won't it stop? they go on their socialist, communist, fascist ways and all they hear is that we know! There's no action to correct, no insistence of accountability and no discipline!

    5. Pete Houston says:

      I believe that the responsibilities of Immigration customs enforcement should be enforcing the current laws and alot of the issues we have with these topics would sort themselves out. Having an administration that picks and chooses what laws to enforce causes problems. The same could be said for states and cities that are sanctuary cities. Enforce the laws that are on the books or take the laws off the books. This is not that difficult. The president needs to be impeached with the rest of the administration if they deliberately push the departments to not follow the law. Might as well swear the guy in on a stack of clown comic books.

    6. Jeanne Stotler says:

      My paternal Grandparents are spining in their graves, they came from Denmark in the 19th century, besides the cost, they had to prove thatthey ould support themselves and family, speak English, know history and sign an oath of alliegence. They did all this, my father was born when Besta went back to Denmark for a visit, WWII broke out and Danish was not spoken in the home, sounded too much like german, My fther and uncles all were in service. All people coming in the country should be legal or deported, no questions and no excuses, stop misuse of 14th admendment, it DOES NOT apply to so called "Anchor babies" if illegals would be deported joblessness would go down.

      • Bob Sommer says:

        Simplicity is the essence of ellegance. Jeanne, your simple and sensible comments are ellegant! Thank you. Nice to see reason in this morass of Politically Correct posturing. Peace, Bob

    7. AmericanPieHole says:

      The Abolishment of Immigration Law Act 2011

      It is important to understand that any law enforcement officer can enforce the law on any person committing a crime but only ICE can enforce violations in immigration law. If a crime is being committed by an illegal alien the crime is the issue not their US status. I would argue it is not ICE’s job to enforce criminal law. Their main job is to enforce immigration law.

      Since it was recently announced by President Obama, the Secretary of DHS and the director of ICE John Morton that, ICE would now only enforce deportation proceedings on criminal illegal aliens the big question in the room is who is now enforcing immigration law?

      Congress need only pass a simple law which states; if an illegal alien is convicted of a felony they are automatically deported after their term in prison PERIOD.

      For ICE to spend time on deportation proceedings of criminal illegal aliens is absurd on the face of it and a big waste of resources when a simple Presidential directive and or Congressional law would neatly do the better job. Then ICE could start enforcing immigration law as it was intended but that is not what this administration wants, what it wants is the Amnesty vote.

    8. Rick says:

      Questions maybe you guys can answere, did Obama register for the selected service at age 18. Why hasn't Obama been accused of aiding abetting illegal immigrant .

    9. AmericanPieHole says:

      Jessica , Good article! I think you need to take it a step further which is “The Abolishment of 235 Years of Immigration Law” "In less then 25 years.” Good luck.

    10. AD-RtR/OS! says:

      A CA winemaker used to say: We will sell no wine before its time!
      The O-Admin says: We will enforce no law we don't like, and you can't make me!

    11. Dan Poole says:

      Obama, the Democrats, and most of the Republicans want to flood this nation with as many illegals as possible. They aren't interested in securing the border or deporting any of the 12 million parasites that are a cancer to this nation. Ergo, the fact that this ICE officer was suspended isn't the least bit surprising. This government works against the interests of America, and if real Americans don't stop it by holding its feet to the fire, then in a couple decades America will be a third world hellhole as a result.

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