Author Topic: Federal Judge to BigSis: No authority for "discretion" enforcing immigration law  (Read 1737 times)

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Online IronDioPriest

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Judge to Janet Napolitano: You have to deport illegal immigrants

Homeland Security (DHS) Secretary Janet Napolitano does not have the authority to refuse to enforce laws that require illegal immigrants to face deportation, according to the federal judge hearing the Immigration and Customs Enforcement union’s lawsuit against DHS.

“The court finds that DHS does not have discretion to refuse to initiate removal proceedings [when the law requires it],” U.S. District Judge Reed O’Connor said today, per Business Week. O’Connor asked DHS and the ICE union to offer additional arguments before he makes a final ruling on the legality of President Obama’s “deferred action on childhood arrivals” (DACA) program, which invoked prosecutorial discretion as a means of allowing people to stay in the country if they would have qualified for amnesty under the DREAM Act, which never passed through Congress.

The judge’s comments come one day after Napolitano scolded the union, during a Senate Judiciary Committee hearing on the Gang of Eight’s immigration bill, for challenging the policy she and Obama have implemented.

“There are tensions with union leadership, unfortunately,” Napolitano told Sen. Jeff Sessions, R-Ala., yesterday. “Here’s what I expect as a former prosecutor and attorney general: that is that law enforcement agents will enforce the law in accordance with the guidance they are given [by] their superiors.”

Sessions faulted Napolitano for refusing to meet with the ICE officers’ union. “I have never heard of a situation in which a group of law officers sued their supervisor, and you, for blocking them from following the law,” he said. “They weren’t complaining about pay, benefits, working conditions—they were saying their very oath they took to enforce the law is being blocked by rules and regulations and policies established from on high, and that this is undermining their ability to do what they are sworn to do.”
« Last Edit: April 24, 2013, 12:44:21 PM by IronDioPriest »
"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."

- Thomas Jefferson

Online Pandora

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Good.  One more court order for Obongo, Nappy-head, and the rest of his merry band of thugs to ignore to zero, zip, nada consequences.
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

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Offline Predator Don

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Until our congressional leadership ( ::hysterical::, I know) starts charging this administration, this is nothing more than an inconvience. The corruption is so great, the media coverup so complete.....and the people so asleep.
I'm not always engulfed in scandals, but when I am, I make sure I blame others.

charlesoakwood

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Bush did it.

http://en.wikipedia.org/wiki/Reed_Charles_O%27Connor

Reed Charles O`Connor (born 1965) is a United States federal judge.

Born in Houston, Texas, O'Connor received a B.S. from the University of Houston in 1986 and a J.D. from South Texas College of Law in 1989. He was in private practice in Texas from 1989 to 1994 and an assistant district attorney with the Tarrant County District Attorney's Office in Fort Worth, Texas from 1994 to 1998. O'Connor then served as assistant United States Attorney of the Northern District of Texas from 1998 to 2007. From 2003 to 2007, he worked on the U.S. Senate Committee on the Judiciary.

On June 27, 2007, O'Connor was nominated by President George W. Bush to a seat on the United States District Court for the Northern District of Texas vacated by A. Joe Fish. The United States Senate confirmed O'Connor's appointment on November 16, 2007, and he received his commission on November 21, 2007.

 Houston Fight Song (with chant!)

Online IronDioPriest

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I'd trade him for Roberts.
"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means."

- Thomas Jefferson

Offline AlanS

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I look for the regime to ignore the court.
"Malo periculosam, libertatem quam quietam servitutem."

Thomas Jefferson

Offline AmericanPatriot

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Not sure but I think it was Andrew Jackson said "enforce it"

Offline Libertas

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Until our congressional leadership ( ::hysterical::, I know) starts charging this administration, this is nothing more than an inconvience. The corruption is so great, the media coverup so complete.....and the people so asleep.

Leadership?!  Heh, Don is makin' a funny!   ::hysterical::
We are now where The Founders were when they faced despotism.

Offline Predator Don

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Until our congressional leadership ( ::hysterical::, I know) starts charging this administration, this is nothing more than an inconvience. The corruption is so great, the media coverup so complete.....and the people so asleep.

Leadership?!  Heh, Don is makin' a funny!   ::hysterical::


I know...we are screwed.
I'm not always engulfed in scandals, but when I am, I make sure I blame others.