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Thank you for staying with us -- Monica Crowley in tonight for Bill O'Reilly and in the personal story segment a group of ten immigration and customs enforcement agents.
Have filed a lawsuit against their own agency.
Claiming the Obama administration is not allowing them to identify and deport illegal aliens.
The suit was filed in Dallas federal court yesterday and names Homeland Security secretary Janet Napolitano.
And ice director John Morton as defendants joining me now from Salt Lake City Chris crane one of the ice agents behind it -- it.
And from Kansas City, Kansas secretary of state -- -- attorney for the ice agents Christine -- -- -- -- -- -- pretty let me begin with you because you are an ice agent you have joined this lawsuit.
Can you tell us how the executive order that came out of the Department of Homeland Security.
How what's making your job and your fellow ice agents jobs so much more difficult.
Well you -- Monica but that's a really big question we don't really have all the answers to that yet.
But I will tell you for example with issues like the deferred action policy that just recently came out.
Our officers are out in the sealed inside of jails.
Trying to use this very confusing.
Policy that the administration.
Has put out there and basically our guidance at this point is we simply take the individuals word.
That they actually went to high score -- to have a ged.
That they came into the country at the appropriate time.
And once they tell us that they qualify as a -- -- were excepted to expected to accept that.
So not only are we not enforcing the law but we're not even enforcing the policy.
Chris -- about couldn't -- unilateral action coming from this administration.
In this regard.
It seems to contravene directly federal immigration law as it currently stands and is therefore illegal is that what you're arguing in this lawsuit.
Yes that's that's right Monica it's illegal on on multiple levels but the three main reasons -- -- is first of all there's a federal statute of -- he says.
That ice agents like Chris -- have to put certain aliens its removal proceedings not made -- shelf placement and removal proceedings it's ordering agents.
To violate that federal law it's also legal because it ballots the administrative procedure act if they had statutory authority to do this in the Obama administration.
They would have had to promulgate a regulation and have a commentary they didn't do any of that.
And then thirdly it violates the separation of powers as you know.
There have been two dozen DREAM Act bills in congress.
And none of them a pass congress clearly at understands that only the legislative branch of the federal government can do this not the executive branch but.
It appears that Obama is trying to do this through executive Fiat in our constitution does not allow that.
And -- come -- I'm not on that point I mean the president of the United States is head of the executive branch.
Is supposed to be the nation's chief law enforcement officer.
So shouldn't he be upholding the law rather than -- number one going around the legislative branch to make up his own laws.
And secondly up existing law I mean he seems to be -- so -- extra constitutionally here.
It's it's unconstitutional -- -- -- levels article two section three of the United States constitution says that the exact initial take quote take care.
That the laws are faithfully executed.
Our chief executive in the White House today.
Is essentially ordering federal law enforcement agents not to enforce the law.
And to break the law themselves.
It's it's absolutely astounding and I think it has echoes of fast and furious here again where the this administration.
Ordered law enforcement agents to ignore the law.
Are all in the -- -- isn't some political agenda in the White House.
Chris -- it's going to be incredibly demoralizing for you and your team over at ice because you're trying to enforce federal immigration laws.
You're trying to uphold the existing laws of the land and that -- got a presidential administration.
Muddying the waters and say no don't do that do best -- guys don't know what they're supposed to follow out there in the field.
You're on the front lines of trying to stem this rising tide of illegal immigration.
What are you hearing from these guys and it.
It seems -- that the president of the United States is on the side of the law breakers.
Rather than on the side of the American people and you guys out in the field trying to uphold and enforce the law.
Absolutely you know we've we've been very public about the incident in El Paso.
Where -- we -- one individual -- had already been arrested by local police for assaulting one of their own family members.
That individual attempted to try to escape from ice agents in in the course of that escape one of our officers was injured.
We take -- back to the office and our supervisors tell us that you know hey we don't care about the fact that he's been arrested by local police we don't care about.
The fact that he's injured a member of the public and and one of our own officers.
We need to release this individual immediately without investigation without questioning simply because he falls under the president's new policies.
Of course we've also got -- -- situation in Delaware where one of our officers arrested an illegal alien.
Attempted to place that individual into proceedings which is our sworn oath under the law to do and he now faces a three day suspension.
So absolutely -- folks out in the field have their heads down.
We have become the enemy of this administration not the law breakers our own officers are now are now the enemy.
-- -- the founding fathers gave us a republic that was built on lost not on the ambitions of men and they give us the constitution.
-- leaders are supposed to follow.
It looks like under this president we don't have a constitutional republic anymore we've got a banana republic especially given that he experiences that you guys are deep feeling for -- here.
I mean I think you know the question is what what do we do about this I mean I we -- is -- anything we can do from now until November when hopefully.
We will defeat Barack Obama and get an actual law abiding president in office is -- anything the American people can do to try to stem this tide.
Well I think the American people can certainly voiced their opinion to members of congress and to try to give congress some backbone here not to say that they don't have -- -- they they need to be given some motivation from the people saying look.
That this president is on forcing her immigration laws we want -- to do something about it that means you know taking every action they can and then that we have to hope that the courts will.
Ultimately stand by the constitution and stand by the letter federal -- -- I'm confident they wealth.
Gentlemen keep fighting the good fight we appreciate you so much thank.
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