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Texas judge expected to rule in agents’ immigration challenge
According to official estimates provided by USCIS, the number of illegal immigrants unlawfully present in the United States who qualify for the benefits offered by the directive is 1.76 million.
The lawsuit also says the law is not being followed: It notes that another plaintiff in the case, Samuel Martin, an ICE immigration enforcement agent in El Paso, picked up an illegal immigrant from the El Paso County Jail and while he and his partner were trying to place the man in their vehicle, he attempted to escape, and resisted and assaulted Agent Martin. It says the agents regained custody of the man and transported him to the El Paso Criminal Alien Program office for processing.
According to the lawsuit, Agent Martin’s supervisors ordered him to release the man without any charges being filed, saying, “it was a management decision, based on the president’s new immigration policies.” The lawsuit says no supervisor ever asked the agents if they were injured or if they needed assistance.
“The fact that the DREAM Act has been proposed in Congress two dozen times, and has been voted on by the United States House of Representatives and by the United States Senate, indicates Congress’s understanding that federal legislation is required in order to achieve these objectives,” the lawsuit says.
“The directive attempts to confer continued presence in the United States, as well as employment authorization, to all aliens meeting the criteria specified in the directive. The unlawfully present aliens who are given benefits by the Directive are substantially the same aliens that would have been given benefits by the DREAM Act, had it passed both Houses of Congress and been signed into law by the president,” it says.
The lawsuit says the application of “deferred action” to approximately 15 percent of the illegal immigrants who are in the United States without authorization is “not consistent with the executive’s duty to take care that the laws be faithfully executed.
“In effect, the directive orders that the immigration laws of the United States shall not be executed against a class of more than 1.7 million aliens,” it says.
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About the Author
Jerry Seper is the investigative editor for The Washington Times.
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