Tuesday, May 07, 2013

ICE Versus President Obama’s Dreamer Executive Order


By Chriss Street

 Just as a Federal Judge is expected to rule this week in favor of a lawsuit brought by rank-and-file United States Immigration and Customs Enforcement (ICE) agents to block President Obama’s Dreamer Executive Order deferring deportation of illegal immigrants, the Department of Homeland Security distracted the main-stream-media’s focus on this key national security issue by making dire warnings of imminent cyberattacks against U.S. government agencies and financial institutions by Middle East “criminal-hackers.”  Given that every day foreign intelligence agencies and organized criminal enterprises attempt to attack the infrastructure of America’s defense, financial and corporate institutions; declaring a public emergency warning would only seem to tip off the cyber-attackers that they are being watched.  But an expected Federal Court ruling against Executive Powers of the President on the enforcement of border security sets up a Constitutional crisis.

My report, “Internet Turns Twenty, warned that the Internet has reduced many of the security guarantees associated with geographic borders.  Electronic controls are now used in virtually all infrastructure and security elements for power plants, electrical grids’ military satellites and financial transactions.  Cyber-warfare and cyber-crime are now accepted as the optimum battlefield for the 21st Century.  The U.S. and Israel’s Stuxnet virus attack on Iran’s nuclear program had devastating military effects.  Last month Cyberbunker, a Dutch hosting company, waged the world’s largest denial-of-service attack on Spamhaus, anti-spam organization, affecting millions and crippling Europe’s Internet backbone.  But in no way did I dispute the value of physical border-security.  Protecting Americans requires border-security and cyber-security to be enforced.

Ten ICE agents, including Christopher L. Crane as President of the ICE Agents and Officers Union are seeking an injunction to overturn Mr. Obama’s Dreamer Executive Order that required the ICE agents believe is nothing less than a non-deportation policy.  As members of the Homeland Security Department, Immigration and Customs Enforcement Division members are is the largest sworn law enforcement agency in the United States.  Each member takes a Constitutional oath to enforce the laws and regarding trade, customs, and immigration.  The plaintiff ICE agents sued because they said the Executive Order made them choose between enforcing the law and being reprimanded by superiors, or following orders and violating their own oaths of office.

The agents claimed the “Illegal Immigration Reform and Immigrant Responsibility Act of 1996”that states: “immigration law enforcement is as high a priority as other aspects of federal law enforcement, and illegal aliens do not have the right to remain in the United States undetected and unapprehended” significantly reduces the Executive Branch of government’s discretion in the enforcing Federal immigration laws.

The ICE agent’s lawsuit challenges Secretary of Homeland Security Janet A. Napolitano’s Executive Order issued on June 15, 2012 and the June 17, 2012 policy issued by ICE Director John Morton discouraging ICE agents from enforcing U.S. immigration laws against illegal aliens who would qualify for the DREAM Act — amnesty legislation that Congress voted down in both October 2007 and December 2010.  The memos state that “due to a lack of resources” agents “must regularly exercise ’prosecutorial discretion’ if it is to prioritize its efforts” regarding who to stop, question, detain or remove.  Appropriate factors for releasing illegal aliens when exercising prosecutorial discretion includes alien’s length of presence in the U.S.; whether the alien came as a young child; alien’s education pursuit; and“individuals engaging in a protected activity related to union organizing”.

U.S. District Judge Reed O’Connor in a 38-page preliminary opinion has already ruled in favor of the ICE agents: The court finds that [the Department of Homeland Security] does not have discretion to refuse to initiate removals proceedings when the requirements for deportation under a Federal law are met.  The Judge required both parties to file their final arguments on May 6th.

Any organized cyber-attack against America represents serious security concerns.  But Tamerlan Tsarnaev and the other two Boston Bombing suspects from Kazakhstan escaped immigration enforcement due to the Dreamer Executive Order.

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