ILW.COM - the immigration portal Immigration Daily

Home Page

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network




Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of
free information!
Immigration LLC.

View RSS Feed

Immigration Law Blogs on ILW.COM

Bloggings: ICE Agents, Represented By Kris Kobach, File Lawsuit To Block Deferred Action. By Roger Algase

Rate this Entry

Kansas Secretary of State Kris Kobach could well be called the Todd Akin of immigration. His rigid hardline stance on unauthorized immigration is just as uncompromising and intolerant of exceptions as is Akin's opposition to abortion under any and all circumstances.

However, just as Akin refuses to give up his battle for election to the US Senate despite calls from even the most far right Republicans to withdraw, Kobach is keeping up his Quixotic battle to deport every last one of the estimated 11 million immigrants in the US without authorization, despite having suffered major defeats in both the US Supreme Court and the 11th Circuit Court of Appeals with regard to the Arizona and Alabama immigration laws with which he is so closely identified. 

In his latest move, Kobach is representing a group of ICE agents who, on August 23, filed suit in the US District Court for the Northern District of Texas seeking to block DHS Secretary Janet Napolitano's implementation of President Obama's "Deferred Action" program for DREAMERS which was announced on August 15. 

The lawsuit (Crane v. Napolitano) was obviously not filed in the Northern District of Texas by coincidence. That court is within the jurisdiction of the Fifth Circuit Court of Appeals, regarded as one of the most conservative.

As mentioned in my blogging in the August 20 issue of ID, the legal rationale for Deferred Action is based on ICE Director John Morton's "Prosecutorial Discretion" memo of June 17, 2011. Based on my premiminary and tentative reading of the complaint in this latest action, the ICE agents' lawsuit does not attack the legal basis for the Morton Prosecutorial Discretion memo directly. 

Such an attack would be difficult to sustain, becasuse in its decision striking down much of the Arizona immigration law, the US Supreme Court specifically cited the Morton memo as an example of legitimate exercise of federal authority over immigration which preempted any contradictory state legislation (specifically, Section 6 of Arizona's SB 1070 law).

However, the complaint filed by the ICE agents argues that Prosecutorial Discretion can only come into play after a deportation proceeding has already been started by issuance of a Notice to Appear, or after the person who is allegedly in the US without permission has already been detained (or released after having been detained) See 8 U.S.C. Section 1225(a), 8 U.S.C. Section 1225(b) and 8 U.S.C. Section 1226(a). 

Therefore, according to the complaint, the DHS has no authority to grant Deferred Action to someone who has not yet been put into removal proceedings. The lawsuit also alleges that USCIS has no authority to issue employment authorization as contemplated in the Deferred Action program.

I will follow this lawsuit in detail and discuss future developments.

Submit "Bloggings: ICE Agents, Represented By Kris Kobach, File Lawsuit To Block Deferred Action. By Roger Algase" to Facebook Submit "Bloggings: ICE Agents, Represented By Kris Kobach, File Lawsuit To Block Deferred Action. By Roger Algase" to Twitter Submit "Bloggings: ICE Agents, Represented By Kris Kobach, File Lawsuit To Block Deferred Action. By Roger Algase" to Google Submit "Bloggings: ICE Agents, Represented By Kris Kobach, File Lawsuit To Block Deferred Action. By Roger Algase" to StumbleUpon Submit "Bloggings: ICE Agents, Represented By Kris Kobach, File Lawsuit To Block Deferred Action. By Roger Algase" to Reddit Submit "Bloggings: ICE Agents, Represented By Kris Kobach, File Lawsuit To Block Deferred Action. By Roger Algase" to Digg Submit "Bloggings: ICE Agents, Represented By Kris Kobach, File Lawsuit To Block Deferred Action. By Roger Algase" to

Tags: None Add / Edit Tags


  1. Brittanicus's Avatar

    This President's choice of anti-America weapons include: Disenfranchising our troops by gutting our military. In controlling industry through the climate change scam, refusing new permits to drill for oil, natural gas and closing down coal mines. Mocking traditional marriage by endorsing same-sex unions? Driving America into a forced Obama Tax hikes. Venerating the United Nations instead of the U.S? Crushing small business through almost insurmountable rules and regulations, under the heel of Socialism? Destroying the U.S. Constitution by Executive Order obsession now underway? An administrative Czar's covert movement to overlook foreign nationals voting in every election from now into November, if the government manages to overturn the requirement of a picture ID for eligibility.

    Because of the failed policies of President Obama and the minions who put him in office. Radical Progressive Liberals are preying on Americans who built this great nation and always paid its bills, the seniors and elderly who's Medicare is now in peril. These heroes are growing old. They fought in the wars leaving the blood spilt in foreign countries and leaving their families alone. They paid their taxes, built families, small businesses, served our nation and pushed it to prominence. And what does Obama and his socialist minions do? Instead of thanking the greatest generation and acknowledging their contribution, he panics them with lies and political slander. His administration has pulled $716 BILLION of their money out of Medicare and puts it into ObamaCare which will crush this country. It's as if Obama wants to destroy everything that made this nation great.

    From our military to our seniors to children in school, who must now share their chance of education with the children of illegal alien parents? Now Obama objects to states that want to verify the eligible voters, remove fraud voters and illegal alien voters all in the name of the greater good. But what many do not comprehend is that voter ranks filled with fraud, it destroys the voting power of our seniors, military and new legal voters. All this adds up to the internal destruction of the core of America. It has become evident the left-wing progressive liberals are striking at the heart of America trying to give America a National Heart Attack! You heard me right. By gutting the heart of America with attacks from the left, the progressive liberals are disemboweling our great people.

    Seniors - are being frightened. Military - Disenfranchised. Gun Owners - Distrustful of our government. Business Owners - Eviscerated. Tea Party - Government targets. Our Farmers, our citizens and legal residents to be spied upon by police Drones? Airports - TSA controlled. Domestic Oil Drilling - Devastated, because of the green projects of which many have failed and fallen into bankruptcy. But there is hope. It is--YOU?

    YOU are the hope for America. When the chips are down the American people come through every time. Many recognize the internal destruction causing mayhem in America but feel helpless and don't know what to do next. Well the Tea Party has the answer and it is to empower you! JOIN YOUR LOCAL OR CENTRAL TEA PARTY AND BE READY TO FIGHT BACK AGAINST THE DOMESTIC SOCIALIST INSURGENCY.
  2. Brittanicus's Avatar
    I read, listen to the same complainers every day and none of them do anything to change the situation over illegal immigration and the financial consequences. The commentary in the E-media is full of griping people, but that's all they do gripe? Nothing practical, nothing sustaining that has any cause and effect on the idiots your tax dollars pay for in Washington. Yelling over the Internet falls on deaf ears of incompetence and care less attitude of those in Congress. My suggestion is join the TEA PARTY and fight back against all the issues that are causing you anguish and outrage, before there is no way back. Both political parties have their agenda's and its drowning us in huge deficits. Nothing seems to wake the majority of the American people up to what they can actually do? They really do have the power to overwhelm the Democrat, Republicans and Liberals. Not only do they have the stupendous influence of the vote, they can harass every sitting Senator or House member.

    Washington is full of corruption and rotted to the core, except for a few idealistic politicians that have very little chance of turning the tables on the majority influence. November will be a paramount turning point in our nation's history. We can follow either party's agenda or alter our future, by voting into the Senate and House of Representatives TEA PARTY opponents. Under another four years of President Obama millions of illegal aliens already settled here will gain amnesty, while under MITT ROMNEY this may not happen. However, to stop bleeding billions of more dollars in adverse policies, the absorbed TEA PARTY leaders will have the voting influence in Congress to halt any new mass amnesties, no path to citizenship. Schools and education are one of the worst hit over the illegal alien invasion, diluting the state treasuries in 50 states of not millions, but hundreds of billions of dollars.

    This is all because of unfunded mandates forcing taxpayers to finance schooling for every child of an illegal alien born here. This is an absolute inequitable consequence of the misinterpretation of the 14th Amendment. I guess if the U.S. smarting taxpayer is benefiting a whole range of countries poverty, their corrupt governments our political parties; especially Barack Obama, Mitt Romney and all the incumbents seated firmly in their comfortable jobs as administrators of this country, do you really think they care? Not one iota--but the rising ranks of the millions in the TEA PARTY ranks do care and will close this gaping hole in the law. Good lord, they cannot even get the nearly 16 trillion dollar shock in the U.S. treasury under any kind of control, so they are certainly not going to cut off your money from illegal aliens who are legally stealing as much as they can?

    In fact the Republicans backed strongly by TEA PARTY members assimilated into the GOP, will insist on passing the "LEGAL WORKFORCE ACT" bring to an abrupt end to businesses hiring illegal workers over citizens and green card holders. After passage the punishment will be harsh upon the culprit-fines, asset loss and even prison. Equal or even more so, is to stop the pregnant women who assume by entering America, that the gullible U.S. taxpayer will pay their hospital fees, education for their children and other programs unavailable to legal residents. Sitting in inaction is the BIRTHRIGHT CITIZENSHIP BILL that needs to be frantically pass as passage will only no longer permit children to acquire citizenship, without one parent already a U.S. citizenship or attained citizenship through military service. As a political ploy in gaining extra votes, Obama's mob has rescinded any need of citizenship to collect food stamps.


    We are close to the point of no return. The question is, "What will it take to push us over the edge of a financial cliff?" It is secure to state: --another four years of Barack Obama plan. Should this president who allegedly has no real birth certificate, who has multiple social security numbers, a surrendered law license, sealed college and grad school records, altered selective service records and a multiplicity of other felonious actions be allowed to stay in the White House? There is evidence and it can be investigated by any prudent American at TEA PARTY DOT ORG. Now this Commander in Chief is hell-bent on irreparably harm to America with his stupid, frivolous, and dangerously reckless dealings.
  3. Roger Algase's Avatar
    Brittanicus, aren't you forgetting a few things? Unless I missed something - maybe I did - you didn't mention anything about Obama's birth certificate. You neglected to comment about "legitimate" rape and sharia law. I didn't see anything in your comments about how the estate tax and Dodd-Frank are destroying this country, along with all the un-Americans in Congress. And what about the gold standard? Are you really a Tea Party member? Or are you mellowing out? Or possibly, did you just run out of space?
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: