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10 ICE agents suing Secretary Napolitano over new policies

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    Officials angry over 'amnesty' program

  • Duration 5:57
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This transcript is automatically generated

They're growing concerns for the president's new immigration policy as Homeland Security secretary Janet -- Tonto.

Now faces a lawsuit that has been filed.

By -- federal immigration agents the agents say that they believe they're being forced to quote violates federal law.

Under the administration's new directive.

That allows some illegal immigrants to stay in the United States that they were brought here under the age of sixteen.

And there are other details that circumscribed which people are involved in apple -- at a moment.

For their part though DHS.

Says they've been doing a good job they say that they have sent more convicted criminal aliens back that -- -- moves in the United States than ever before.

Let's talk about a -- as a chief counsel please AC.

-- For the house Government Reform Committee gentlemen welcome good to have you both here -- So.

-- this -- -- agents say that that they are being asked basically to violate the law.

By sending back people who -- who fit this criteria which is in part as I mentioned if you were brought here by your parents under the age of sixteen.

And you been -- educated in the military a number of criteria that would allow these people to get a pass right.

So what's wrong on that and why -- they think -- that poses such problems for them.

Well puts the agents the ice agents and a very.

Difficult and tough position first -- -- -- sworn to uphold the constitution of the United States and the laws of the United States that's the -- The law is very clear and what -- -- Obama has done through executive Fiat.

It's try to basically put the DREAM Act into effect but the congress has never passed it.

So the agents have criteria that they have been operating under arrest to the law as it is right now the president come in and basically has suspended outlaw.

And the agents are told.

Well don't you know we don't want you remove these people that are clearly illegal under our legal criteria of what constitutes an illegal immigrant or illegal alien.

Do not take any action against them.

And the governor comes back is that what's prosecutorial discretion but he is not prosecutorial discretion -- talk about prosecution here this is enforcement and the enforcement issue here.

Is very significant these agents are again.

Swore to uphold the constitution and the laws of our country the law does not allow.

What the president has done he's basically because I -- done this by executive Fiat and that's what puts the agents and and a very difficult spot and that's -- -- policy.

And that that's part of the issue here courses that congress didn't pass this law it was instituted by the executive branch so that puts these folks in a difficult position they say Julianne well.

This is deferred action and deferred I'm getting -- my -- my -- deferred action has been used by all presidents it was used by bush 41 it was used by bush 43.

In fact in 2005.

Bush 43 it's.

Chief counsel for the immigration service wrote a memo saying that deferred action made a lot of sense because the immigration service had to use its resources carefully.

In the Arizona case the Supreme Court fully acknowledged that the administration has this kind of prosecutorial discretion the courts have recognized that since the 1970s.

It was views of the el salvadorans who would use for the Libyans.

And in fact the statute.

Authorizing the agency itself gives the agency this kind of discretion that's point one.

Point two.

It's not even clear that these agents the ice agents have standing because the ice agents are not the agents that are in charge of enforcing -- ministering this deferred action.

It's the CIS agents that are so it's not even clear that this will get past standing challenges.

And even if it did this would kind of be the equivalent.

Of a police officer suing the chief of police of the chief of police were to say to him.

We want to allow people we want to just give warnings to people who were exceeding the speed limit by five miles an hour.

This kind of prosecutorial discretion is not only explicitly authorized for the immigration service it's it's explicitly authorized for -- every other enforcement agency this case stands.

Not a snowball into us and you know where.

Friday but not limited -- things number one -- that's not correct beat the agency's parameters do not allow them to create law that does not exist there's a law on the books.

That sets -- what the parameters are for legal and illegal immigration the president doesn't have the authority on his own to change that -- goes through congress the president was unable to get.

The DREAM Act passed by the way -- to try to do that during the first.

Two years of his presidency when he had the house and the senate he did not get it through he has still not gotten it through and he's done this he said if congress doesn't act I'm going through what he's not the king he's the president he gets to.

Act as a president under our constitution not issue decrees like this so.

These agents by the way are the front -- agents that have to make a decision as to the initial pick up that is whether there's been a legal violation it's up to the US attorney's.

Anti immigration and naturalization they're gonna enforce on the CIA we're -- horses it whenever the policy is that whether you like apology or not and there's argument good policy arguments both ways.

The back is it was not passed by congress and we -- government of the rule of law and when the rule law -- -- president doesn't get to make a living as a going -- -- definitely let me just point out to -- first Wallace is a two year deferred action -- such -- -- the statute secondly.

I would just point -- to that -- United States Supreme Court.

No less of an authority -- day who said in the Arizona case that the discretion of the of the immigration service.

Is really -- challenge simple it's just something that is is there it's something.

That is is it has been exercised side of the president's it absolutely has we've had presidents bush 41 -- 43 use that.

And let me point out that the Republicans if they really didn't like this Mitt Romney who's the leader of the -- -- -- leader of the Republican Party.

Pat himself hasn't even said whether he -- parents who -- actually a number of McConnell on the -- librarians I'm Melanie said -- look that young Republicans I don't know that we need a long term thorough solution to the immigration.

Yeah I take another step I don't know pain you gonna tell us what I won't -- -- -- a matter of public administration and -- I can't imagine -- yeah.

That I had been thinking very flexible timetable they have a good weekend DeVon thank you.

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