While a final ruling is pending, the federal judge hearing the Immigration and Customs Enforcement union’s lawsuit against DHS, the Obama administration, specifically Department of Homeland Security Secretary Janet Napolitano, says the DHS does not have the authority refuse to enforce laws that require illegal immigrants to face deportation.
Via Washington Examiner:
“The court finds that DHS does not have discretion to refuse to initiate removal proceedings [when the law requires it],” U.S. District Judge Reed O’Connor said Wednesday, per Business Week. O’Connor asked DHS and the ICE union to offer additional arguments before he makes a final ruling on the legality of President Obama’s “deferred action on childhood arrivals” program, which invoked prosecutorial discretion as a means of allowing people to stay in the country if they would have qualified for amnesty under the Dream Act, which never passed Congress.
Finally the Obama administration is being called out by the courts for Obama's abuse of power and being set straight of what is and what is not allowable without congressional action.
About time.
