New York Lawyer's Legal Updates

ICE Agents Suing the Department of Homeland Security

Author: Deportation Attorney Alena Shautsova

Judge Allows Case to Go Forward for ICE Agents Suing the Department of Homeland Security

In August, 2012, Fox News reported that 10 federal ICE (Immigration and Customs Enforcement) agents and officials sued the Department of Homeland Security (DHS) Secretary, Janet Napolitano and ICE Director John Morton regarding their directives, They claimed that the directives forced them to break the law by not deporting undocumented immigrants. Their lawsuit challenged use of prosecutorial discretion as a means of stopping the deportation of non-felons and individuals who came to the United States as children who are currently allowed to obtain work permits. The lawsuit alleges that the directive encroaches upon the legislative powers of Congress because it basically allows provisions that failed to pass Congress. In rebuttal to the lawsuit, the DHS spokesman stressed that ICE removed record numbers of criminal aliens in 2011. He also argued that the Supreme Court has recognized the ability of the U.S. government to use prosecutorial discretion for immigration law enforcement.

In January 2013, Federal District Court Judge Reed O'Connor issued a decision where he ruled that the 10 ICE agents and officers have standing to move forward with their lawsuit. The ICE officials had also requested a preliminary injunction to stop the DHS directives, but the judge did not rule yet on that request.

Immigration laws are complex, confusing and subject to frequent changes. If you face immigration issues, you should protect your rights by consulting a New York immigration lawyer

15 February 2013