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Greg Siskind on Immigration Law and Policy

When Will Napolitano Start Firing People?

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Immigration lawyers have been discussing for some time how DHS employees are simply ignoring directives from above starting early on in this Administration and now continuing with prosecutorial discretion. I expect that much of what is being promised by the White House on deferred action for DREAMers will also be ignored. The attitude of defiance is reflected in this press conference where the heads of the unions for CBP and ICE officials publicly came out to rebuke Secretary Napolitano. Insubordination is grounds for termination, yet do we ever hear of anyone being fired at DHS for what is happening regularly?


 



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  1. Dan's Avatar
    Oh, please. The ICE and CBP union heads are engaging in protected speech. Publicly disagreeing with DHS leadership's policies is not "insubordination" or, as the ridiculous AILA leadership blog (http://ailaleadershipblog.org/2012/08/06/reminding-christopher-crane-that-he-is-president-of-the-ice-union-not-the-united-states/) puts it, "mutinous" - and it certainly isn't grounds for termination. However, if Chris Crane, in his normal duties as an ICE agent, were to refuse to carry out ICE leadership's policies, then _that_ would be insubordination. But that is not what Chris Crane is doing. He, and many other ICE agents, may not like the policies, but they are doing their jobs. Crane is free to disagree publicly with the policies all he wants and can't be fired for that, and that's a good thing.
  2. Tim's Avatar
    Actual insubordination, as opposed to protected speech for which no one should be terminated or, as AILA puts it, "shown the door", _is_ being punished. See http://radio.foxnews.com/toddstarnes/top-stories/senator-ice-agent-facing-punishment-for-arresting-illegal.html.
  3. Another Voice's Avatar
    WOW Napolitano/Obama getting back-stabbed BIG TIME here....who knew that the poeple that work for you would tema up with Chief antis in the Senate. Not sure if with this out in the public arena these folks would get fired, but demoded? early retirement?
  4. Another Voice's Avatar
    Former Undocumented Immigrant Leo Manzano Wins Silver Olympic Medal for U.S.

    http://colorlines.com/archives/2012/08/former_undocumented_immigrant_leo_manzano_wins_silver_olympic_medal_for_us.html
  5. Greg's Avatar
    AV - I'm just getting to the Ms on my Olympic IODs. Don't steal my thunder :-)
  6. Grace's Avatar
    While I find Chris Crane's hearsay claims odious, it does fall under protected speech. In addition, in his role as head of the union, he has additional standing to speak, as he is viewed as speaking for his colleagues, not just himself. If he were to suggest that the ICE union would not follow orders, or to order a strike or sick out, that would be insubordination, and grounds for punishment.
  7. George Chell 's Avatar
    "Crane is free to disagree publicly with the policies all he wants and can't be fired for that, and that's a good thing."

    Not publicly..government officials are not supposed to go in front of the media and disagree with the politically appointed staff. People have been fired for this in the federal governement in the past.
  8. Another Voice's Avatar
    Who knew the Reouks like some union folks......

    PS sorry Greg I was wondering why you had not posted the story in you Immigrant of the day.
  9. George Chell 's Avatar

    Whatever we might complain about the Americans we are light years ahead of the Singaporeans who are pretty selfish and believe in a one way street...they have made it clear that they are not proud of anyone born abroad and winning a medal for Singapore. There are many folks who became US citizens who thought they might have been better off in Singapore. Think again. Singaporeans are pretty disgraceful in their behavior...the fact is the locals in Singapore cannot compete in anything. Having lived there, I dont think they can even hold a racket with two hands, let alone compete in ping pong....

    http://www.ft.com/intl/cms/s/0/aa91c406-e062-11e1-9335-00144feab49a.html#axzz23383TuOG


  10. Legal and no longer waiting's Avatar
    Who knew ICE and CBP were full of antis?...
  11. gg's Avatar
    New healthcare law skillfully crafted to expose all undocumented immigrants living in the country - Uninsured codeword for undocumented come 2014

    http://www.chicagotribune.com/news/sns-rt-us-usa-healthcare-immigrationbre8780gp-20120809,0,1772845.story
  12. Don's Avatar
    "Not publicly..government officials are not supposed to go in front of the media and disagree with the politically appointed staff. People have been fired for this in the federal governement in the past."

    Wrong. Government employees are absolutely allowed to disagree, publicly, with politically appointed staff. It happens all the time, at all levels of government, and people aren't fired if, like Crane, they continue doing their job despite their public criticism of the policy. Public dissent by government employees is protected speech under the seminal Supreme Court decision on this, Pickering (authored by Justice Thurgood Marshall), and all its progeny.
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