DALLAS (CBSDFW.COM) – Ten federal immigration agents, including an agent here in Dallas, are suing the Obama administration.
They have filed their lawsuit in Dallas over a controversial plan not to deport certain illegal immigrants. The lawsuit accuses Homeland Security Secretary Janet Napolitano of violating federal law.
The agents claim Napolitano did not have the authority this past June to stop deporting illegal immigrants who came to this country as children, and who meet certain conditions.
Last week, in Dallas, and across the country, thousands of young illegal immigrants lined up at consulate offices so they could apply for a two year work permit to avoid being deported. The Pew Hispanic Center estimates 1.7 million people may be covered under this new directive.
In their lawsuit, the agents claim if they follow the new procedure, they will violate their oath of office and federal law. They want a federal judge to intervene.
A Homeland Security Department spokesman says the department is using its discretion properly.
The former U.S. attorney in Dallas, Richard Roper, says Napolitano could make a compelling argument in court.
“We can’t go after every illegal alien in the country. We have to allocate and deploy our scarce resources in a certain way to try to address that, and I’m making that call and I have that authority.”
Roper believes a federal judge will not intervene in the case.
It is important to note that one of the attorneys representing the ICE agents, Kris Kobach, is an informal adviser to Republican presidential candidate Mitt Romney. We called Kobach, and the Dallas ICE agent who is suing, but we haven’t heard back.
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