Obama Deportation Progam Likely to Be Blocked, Judge Says

Skycap · 04-24-2013, 02:05 AM

Quote:

A court challenge by federal immigration agents seeking to block President Barack Obama’s deferred-deportation initiative will probably succeed, a judge said.

U.S. District Judge Reed O’Connor 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, 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.

Still, the judge said he can’t decide the case based on the arguments he’s heard so far.

“Accordingly, the court hereby defers ruling on the plaintiffs’ application for preliminary injunction until the parties have submitted additional briefing,” O’Connor said.

Border Security
The administration’s “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, it’s 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 O’Connor at the hearing the case was, in reality, an employment dispute and that the agents can’t demonstrate they’ve 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).

To contact the reporter on this story: Andrew Harris in the Chicago federal courthouse at

[email protected]

To contact the editor responsible for this story: Michael Hytha at [email protected]

Source: http://www.businessweek.com/news/201...ked-judge-says

Pianoswithoutfaith · 04-24-2013, 02:09 AM

isnt this kinda bad for us

Skycap · 04-24-2013, 02:13 AM

Personally for me, it's one of those things that makes me pull my collar in a nervous fashion.

dado123 · 04-24-2013, 02:21 AM

“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.”
Source: http://www.businessweek.com/news/201...ked-judge-says
^^^ We got the backing of the Obama administration so I am sure they pull out the big guns to keep the program.

j83 · 04-24-2013, 02:33 AM

This can potentially go all the way to the Supreme Court. I can only see two ways DACA can be overturned: Either the Obama administration or succeeding administrations backs down and end DACA or the SCOTUS rules against it. The case will go up the judicial ladder until one party gives up or until the highest federal court gives its verdict.

Cali_Meheecan · 04-24-2013, 02:49 AM

"The case was filed by attorney Kris Kobach" that douche. Wonder when all those types of people will get their just desserts.

Optimism12 · 04-24-2013, 03:13 AM

krishutthefuckup kobach needs to be deported to mars good god

Tonyhasadream · 04-24-2013, 03:21 AM

Quote:

Originally Posted by Optimism12

krishutthefuckup kobach needs to be deported to mars good god

I don't like kobach man he said the only thing the bill should do for dreamers would be to make them go back and get in the back of the line without the 10 year bar.

Optimism12 · 04-24-2013, 03:36 AM

Quote:

Originally Posted by Tonyhasadream

I don't like kobach man he said the only thing the bill should do for dreamers would be to make them go back and get in the back of the line without the 10 year bar.

basically he wants every single illegal to self deport back to wherever we came from

delusional gringo

zone2oo0 · 04-24-2013, 03:51 AM

yeah Kris Kobach, if anybody saw the full Immigration Judiciary committee video on monday. He was very specific as to why he opposes illegal immigration and does not like the bill, he like many other conservative republicans call it Amnesty, anything good for the illegals is amnesty to these guys, but they always got a mouthful in the responses of the senate members. Anyway i really don't think the bill might be hurt during all this, they have to do something this year.

if the bill gets passed, we should all write letters to Kris Kobach and all the neysayers thanking them for their support, and how they helped us by opening our eyes about the republican party and where they stand. Further more they better hope and pray (which i think that's what they're doing right now ) that we do no become citizens, because when we do, lets just say that we will never forget. DREAM ACT 2010.

S	M	T	W	T	F	S
	1	2	3	4	5	6
7	8	9	10	11	12	13
14	15	16	17	18	19	20
21	22	23	24	25	26	27
28	29	30

They need you!

Forum links

Resources

Join our list

National calendar of events

September

Obama Deportation Progam Likely to Be Blocked, Judge Says