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August 30, 2012
IMMIGRATION AND POLICY: ICE AGENTS SUES DHS AND ICE OVER DACA
IMMIGRATION AND POLICY: ICE AGENTS SUES DHS AND ICE OVER DACA: Posted by Norka M. Schell, Esq. www.lawschell.com The Consideration for Deferred Action for Childhood Arrivals ("DACA") is under attack....
ICE AGENTS SUES DHS AND ICE OVER DACA
Posted by Norka M. Schell, Esq.
www.lawschell.com
The Consideration for Deferred Action for Childhood Arrivals ("DACA") is under attack. Ten officers and agents of U.S. Immigration and Customs Enforcement ("ICE") have filed a lawsuit in the District Court for the Northern District of Texas against the Department of Homeland Security (DHS) Secretary Janet Napolitano and ICE Director John Morton challenging the Obama administration's deferred action for childhood arrivals (DACA) directive and associated prosecutorial discretion memorandum "that prevent ICE officers, employees, and agents from fulfilling their sworn oath to uphold the law and defend defended the United States Constitution." The Plaintiffs allege that the directive "commands ICE officers to violates federal law... commands ICE officers to violate their oaths to uphold and support federal law, violates the Administrative Procedure Act, unconstitutionally usurps and encroaches upon the legislative powers of Congress, as defined in Article I of the United States Constitution, and violates the obligation of the executive branch to faithfully execute the law, as required by Article II, Section 3, of the United States Constitution.
The Consideration for Deferred Action for Childhood Arrivals ("DACA") is under attack. Ten officers and agents of U.S. Immigration and Customs Enforcement ("ICE") have filed a lawsuit in the District Court for the Northern District of Texas against the Department of Homeland Security (DHS) Secretary Janet Napolitano and ICE Director John Morton challenging the Obama administration's deferred action for childhood arrivals (DACA) directive and associated prosecutorial discretion memorandum "that prevent ICE officers, employees, and agents from fulfilling their sworn oath to uphold the law and defend defended the United States Constitution." The Plaintiffs allege that the directive "commands ICE officers to violates federal law... commands ICE officers to violate their oaths to uphold and support federal law, violates the Administrative Procedure Act, unconstitutionally usurps and encroaches upon the legislative powers of Congress, as defined in Article I of the United States Constitution, and violates the obligation of the executive branch to faithfully execute the law, as required by Article II, Section 3, of the United States Constitution.
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