Agents Reject Order to Violate the Law and Their Oath to Defend the Constitution…
WASHINGTON, D.C., August 23, 2012 – Ten officers and agents for United States Immigration and Customs Enforcement (ICE) including ICE Agents Union President Chris Crane, today filed a lawsuit against Secretary of Homeland Security Janet Napolitano and Immigration and Customs Enforcement Director John Morton challenging the Obama Administration’s deferred action Directive and associated Prosecutorial Discretion Memorandum that prevent ICE officers, employees, and agents from fulfilling their sworn oath to uphold the law and defend the US Constitution.
The Directive and the earlier memorandum instruct ICE officers to refrain from placing certain aliens who are unlawfully present in the United States into removal proceedings. The Directive further instructs officers to take actions to facilitate the granting of deferred action to aliens who are unlawfully present in the United States. The Directive, entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” also directs DHS personnel to grant employment authorization to certain beneficiaries of the Directive.
“Both the Directive and memorandum command our agents to violate federal law and our oaths to uphold federal law. We are federal law enforcement officers who are being ordered to break the law. This directive puts ICE agents and officers in a horrible position,” said Chris Crane, veteran ICE agent and President of the National Immigration and Customs Enforcement Council.
“This Directive not only circumvents Congress, it also infringes on the plaintiffs’ ability to fulfill the oath they made to uphold the laws of this country. The plaintiffs seek to prevent law enforcement officers from being forced to either violate federal law if they comply with the Directive or risk adverse employment action if they disobey the unlawful orders of the DHS Secretary,” said Kobach.