Rep. Steve King Extends Support to ICE Agents in Lawsuit Against DHS Officials

OntarioVanMan

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Thursday, September 6, 2012, 9:11 AM EDT

Rep. Steve King, who also serves as the vice chair for the House Immigration Subcommittee, has extended his support to a group of 10 ICE agents who filed a lawsuit against DHS Secretary Janet Napolitano and ICE Director John Morton over the issue of deferred action. The complaint, filed by the agents two weeks ago, charges that the "Morton Memo" issued in 2011 and the DREAM Directive issued in 2012 requires ICE agents to break their oath or office and violate federal immigration laws as passed by Congress.

President Obama's actions are yet another example of astonishing executive overreach, an unconstitutional assertion of executive power at the expense of Congress and the Rule of Law. There have been multiple votes in Congress on the DREAM Act and the will of the Congress is clear as the proposal has been repeatedly rejected.

Obama has knowingly and willfully violated the Constitution: In 2011 he told an audience that "(w)ith respect to the notion that I can just suspend deportations through executive order, that's just not the case, because there are laws on the books that Congress has passed...Congress passes the law. The executive branch's job is to enforce and implement those laws. And then the judiciary has to interpret the laws." The President has violated the Constitution, his oath of office, and the law as enacted by Congress. This illegitimate order must be reversed.

-- Rep. King

In their complaint, the ICE agents ask the court to vacate the unlawful and unconstitutional DREAM Directive and the unlawful parts of the Morton Prosecutorial Discretion Memo and enjoin Napolitano and Morton (and their subordinates) from implementing the DREAM Directive and from taking any adverse action against agents and officers who refuse to enforce it.

For more information on the lawsuit, click here.
https://www.numbersusa.com/content/news/august-23-2012/ice-agents-file-lawsuit-against-dhs-secretary-janet-napolitano-numbersusa-provid

The complaint asserts, and NumbersUSA agrees, that the DREAM Directive:

  • Orders federal law enforcement officers, including the ICE plaintiffs, to violate duly-enacted immigration law, along with the oath of office they swore to uphold the laws and Constitution of the United States, under the guise of “prosecutorial discretion;”
  • Is an unconstitutional exercise of legislative power by the Executive branch;
  • Is an unconstitutional breach of the Executive branch’s duty to ensure that the laws are faithfully executed;
  • Violates the Administrative Procedure Act, which requires DHS to implement new policies through the standard rule-making procedure.

 
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