ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Matthew Kolken on Deportation And Removal

ICE Agents File Suit to Block Deferred Action Initiative

Rate this Entry

Officers of Immigration and Customs Enforcement (ICE) have filed suit in the United States District Court for the Northern District of Texas against their boss, John Morton, and Department of Homeland Security Secretary Janet Napolitano.  


The suit challenges the legality of Secretary Napolitano's June 15, 2012, directive entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" commonly referred to as DACA.  They are seeking injunctive relief that if granted will prevent the
implementation of what they characterize as an "unlawful and unconstitutional Directive."


The lawsuit specifically "seeks to prevent law enforcement officer Plaintiffs from being forced to either violate federal law if they comply with the unlawful Directive or risk adverse employment action if they disobey the unlawful orders of the DHS Secretary. This lawsuit alsoseeks to preserve the balance of legislative and executive powers established by the United States Constitution."


They argue that:



The Directive commands ICE officers to violate federal law... commands ICE officers to violate their oaths to uphold and support federal law, violates the
Administrative Procedure Act, unconstitutionally usurps and encroaches upon the legislative
powers of Congress, as defined in Article I of the United States Constitution, and violates the
obligation of the executive branch to faithfully execute the law, as required by Article II, Section
3, of the United States Constitution.



The Plaintiffs believe that if they follow the Directive, they will be violating their oath of office, as well as violating several laws of the United States. The claim that if they follow the requirements of federal law, contrary to the "Directive," and arrest an alien or issue an alien an Notice to Appear (NTA) in removal proceedings, they will be disciplined or suffer other adverse employment consequences.


Here are the plaintiffs:



  • Plaintiff Christopher L. Crane is an ICE Deportation Officer. He serves in
    Enforcement and Removal Operations at the Salt Lake City Field Office at 2975 Decker Lake
    Drive, Stop A, in West Valley City, Utah. He is also the President of the ICE Agents and
    Officers Union, AFGE Council #118. As an ICE Deportation Officer, Crane is authorized by
    law to, inter alia, arrest aliens for administrative immigration violations or for any criminal
    offense against the United States and execute administrative and criminal arrest warrants. 



  • Plaintiff David A. Engle is an ICE Immigration Enforcement Agent. He serves in
    Enforcement and Removal Operations at the Dallas Field Office at 8101 N.
    Stemmons Freeway,
    in Dallas, Texas. As an ICE Immigration Enforcement Agent,
    Engle is authorized to, inter alia,
    arrest aliens for immigration violations, arrest any person for felonies regulating the admission or
    removal of aliens, and execute administrative arrest warrants for aliens.



  • Plaintiff Anastasia Marie Carroll is an ICE Immigration Enforcement Agent. She
    serves in Enforcement and Removal Operations at the El
    Paso Field Office at 1545 Hawkins
    Boulevard, in El
    Paso, Texas. As an ICE Immigration Enforcement Agent, Carroll is authorized
    to, inter alia, arrest aliens for immigration violations, arrest any person for felonies regulating
    the admission or removal of aliens, and execute administrative arrest warrants for aliens.



  • Plaintiff Ricardo Diaz is an ICE Immigration Enforcement Agent. He serves in
    Enforcement and Removal Operations at the El
    Paso Field Office at 1545 Hawkins Boulevard, in
    El
    Paso, Texas. As an ICE Immigration Enforcement Agent, Diaz is authorized to, inter alia,
    arrest aliens for immigration violations, arrest any person for felonies regulating the admission or
    removal of aliens, and execute administrative arrest warrants for aliens.



  • Plaintiff Lorenzo Garza is an ICE Immigration Enforcement Agent. He serves in
    Enforcement and Removal Operations at the Port Isabel Detention Center at 27791
    Buena Vista
    Boulevard, in
    LosFresnos, Texas. As an ICE Immigration Enforcement Agent, Garza is
    authorized to, inter alia, arrest aliens for immigration violations, arrest any person for felonies
    regulating the admission or removal of aliens, and execute administrative arrest warrants for
    aliens.



  • Plaintiff Felix Luciano is an ICE Immigration Enforcement Agent. He serves in
    Enforcement and Removal Operations at the San Diego Field Office at 880 Front Street, Suite B-
    2232, in San Diego, California. As an ICE Immigration Enforcement Agent, Luciano is
    authorized to, inter alia, arrest aliens for immigration violations, arrest any person for felonies
    regulating the admission or removal of aliens, and execute administrative arrest warrants for
    aliens.



  • Plaintiff Tre Rebstock is an ICE Immigration Enforcement Agent. He serves in
    Enforcement and Removal Operations at the Houston Field Office at 7405 C-1 Highway 75
    South, in Huntsville, Texas. As an ICE Immigration Enforcement Agent,
    Rebstock is authorized
    to, inter alia, arrest aliens for immigration violations, arrest any person for felonies regulating
    the admission or removal of aliens, and execute administrative arrest warrants for aliens.



  • Plaintiff Fernando Silva is an ICE Immigration Enforcement Agent. He serves in
    Enforcement and Removal Operations at the El
    Paso Field Office at 1545 Hawkins Boulevard, in
    El
    Paso, Texas. As an ICE Immigration Enforcement Agent, Silva is authorized to, inter alia,
    arrest aliens for immigration violations, arrest any person for felonies regulating the admission or
    removal of aliens, and issue administrative arrest warrants for aliens.



  • Plaintiff Samuel Martin is an ICE Immigration Enforcement Agent. He serves in
    Enforcement and Removal Operations in the El
    Paso Field Office at 8915 Montana Avenue, in
    El
    Paso, Texas. As an ICE Immigration Enforcement Agent, Martin is authorized to, inter alia,
    arrest aliens for immigration violations, arrest any person for felonies regulating the admission or
    removal of aliens, and execute administrative arrest warrants for aliens.



  • Plaintiff James D. Doebler is an ICE Deportation Officer. He serves in
    Enforcement and Removal Operations in the Dover Sub-Office at 1305
    McD Drive, in Dover,
    Delaware. As an ICE Deportation Officer,
    Doebler is authorized by law to, inter alia, arrest
    aliens for administrative immigration violations or for any criminal offense against the United
    States and execute administrative and criminal arrest warrants.


Click here to read the full text of the complaint.

Submit "ICE Agents File Suit to Block Deferred Action Initiative" to Facebook Submit "ICE Agents File Suit to Block Deferred Action Initiative" to Twitter Submit "ICE Agents File Suit to Block Deferred Action Initiative" to Google Submit "ICE Agents File Suit to Block Deferred Action Initiative" to StumbleUpon Submit "ICE Agents File Suit to Block Deferred Action Initiative" to Reddit Submit "ICE Agents File Suit to Block Deferred Action Initiative" to Digg Submit "ICE Agents File Suit to Block Deferred Action Initiative" to del.icio.us

Tags: None Add / Edit Tags

Comments

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: