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Obama Deportation Progam Likely to Be Blocked, Judge Says - Businessweek
Obama Deportation Program Likely to Be Blocked, Judge Says
A court challenge by federal immigration agents seeking to block President Barack Obamas deferred-deportation initiative will probably succeed, a judge said.
U.S. District Judge Reed OConnor in Dallas today put off his own decision on whether to grant the request for a preliminary injunction by 10 U.S. Immigration and Customs agents. He asked both sides to file additional arguments no later than May 6.
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, havent been convicted of a felony, significant misdemeanor or multiple misdemeanors, and arent 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, OConnor said today in a 38-page decision, referring to the Department of Homeland Security.
Still, the judge said he cant decide the case based on the arguments hes heard so far.
Accordingly, the court hereby defers ruling on the plaintiffs application for preliminary injunction until the parties have submitted additional briefing, OConnor said.
Border Security
The administrations Deferred Action initiative, announced in June, was created with the intent of shifting immigration agency focus toward border security and the removal of dangerous people.
This is not amnesty, this is not immunity, Obama said at the time. This is not a path to citizenship, its not a permanent fix. Deferral, if conferred, is valid for two years, during which the person may obtain authorization for employment, and can be renewed, according to the ICE website.
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.
Adam Kirschner, a lawyer for the Justice Department, told OConnor at the hearing the case was, in reality, an employment dispute and that the agents cant demonstrate theyve been harmed. These agents do not like the way the agency has prioritized the use of its resources, he said.
The executive cannot remove 11 million people, Kirchner said of the branch of the U.S. government led by Obama. The executive has authority to exercise its discretion.
The case is Crane v. Napolitano, 3:12-cv-03247, U.S. District Court, Northern District of Texas (Dallas).
Although Garcia may consider the deportees to be "Americans," legally they are not. But they might become citizens if Garcia and other immigration advocates get their way. Democrats are urging Republicans to sign their discharge petition, which would force a House vote on immigration reform. They said they have 191 of the 218 signatures they need to force the bill to a vote. "This is our last effort to do this in a legislative fix. That is what we need -- a legislative fix that fixes this problem once and for all," Garcia said.
Rep. Judy Chu (D-Calif.), also part of the conference call, said the people affected by the "broken" immigration system "look like America." "This morning we're here for Feli, a mother who left her kids behind in the Philippines to find work here and has been waiting 15 years for her kids to be allowed over. We're here for Maria, an American citizen whose husband, if deported back to Mexico, would devastate them and their three kids emotionally and financially. We're here for William,, whose mother in Ireland passed away but could only send a cellphone video of his message to the funeral because he has no path to citizenship." Chu said Democrats are tired of waiting for Republicans to bring up an immigration reform bill: "And now with this petition, we are saying, put the bill on the floor for a vote. Sign the petition. This is a Hispanic and an Asian issue. It's a black and a white issue. Most importantly, it's an American issue."
Rep. Jared Polis, another Democrat on the conference call, told reporters that if Republicans do not sign the discharge petition, "then the president, as our leader, will do whatever he can to try to address the situation. But there's nothing the president can ever do to confer a pathway to citizenship on people who are here. Only Congress can do that. And even if the president takes limited actions, there will still be the need for this Congress or future Congresses to act." Polis also said he met with Homeland Security Secretary Jeh Johnson last week: "He gave us a time frame, and there are some fixes that are going to be coming sooner, which is in the next few weeks. And then there are some broader policy changes that will be coming later this year. But I think if we look at a time frame, you know, we're giving them (Republicans) til June." Democrats say their legislation, H.R. 15, has 200 co-sponsors, including three Republicans -- Reps. Ileana Ros-Lehtinen (Fla.) David Valadao (Calif.) and Rep. Jeff Denham (Calif.) But as mentioned above, only 191 House members have signed the discharge petition to bring the bill to a floor vote.
While Congressional Democrats were pressing immigration reform on Capitol Hill, President Obama was discussing immigration reform with faith leaders at the White House. "The faith leaders shared with the president stories about the impact the failure to fix the immigration system has on families in their congregations and communities. The president expressed deep concern about the pain too many families feel from the separation that comes from our broken immigration system," the White House said in a statement. "He emphasized that while his administration can take steps to better enforce and administer immigration laws, nothing can replace the certainty of legislative reform and this permanent solution can only be achieved by Congress."
Congressman: Obama 'Has Been Forced to Deport a Huge Number of Americans' | CNS News
