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On August 23, 2012, a group of 10 ICE agents and officers, led by ICE Council president Chris Crane, filed suit against DHS Secretary Janet Napolitano and ICE Director John Morton seeking an injunction against the Napolitano Directive of June 15, 2012. FOX News broke the story shortly after 12 p.m. on Thursday. The lawsuit has been filed in the District Court for the Northern District of Texas, which is in the 5th Circuit. Kris Kobach is representing the agents and officers, and NumbersUSA is financing the effort.

The complaint asserts, and NumbersUSA agrees, that the DREAM Directive:

  • Orders federal law enforcement officers, including the ICE plaintiffs, to violate duly-enacted immigration law, along with the oath of office they swore to uphold the laws and Constitution of the United States, under the guise of “prosecutorial discretion;”
  • Is an unconstitutional exercise of legislative power by the Executive branch;
  • Is an unconstitutional breach of the Executive branch’s duty to ensure that the laws are faithfully executed;
  • Violates the Administrative Procedure Act, which requires DHS to implement new policies through the standard rule-making procedure.

In the complaint, the ICE agents and officers ask the court to vacate the unlawful and unconstitutional DREAM Directive and the unlawful parts of the Morton Prosecutorial Discretion Memo and enjoin Napolitano and Morton (and their subordinates) from implementing the DREAM Directive and from taking any adverse action against agents and officers who refuse to enforce it.

Press release

Full complaint as filed with the District Court for the Northern District of Texas

Sign the ICE Union Petition

List of Members of Congress who have expressed support for the ICE agents

Donate to NumbersUSA to help finance the ICE Agents' lawsuit

Visit your Action Board

FOX News: Immigration agents file suit against Napolitano over 'amnesty' program (video)

Washington Times: Immigration agents sue to stop Obama’s non-deportation policy Read more: Immigration agents sue to stop Obama's non-deportation policy

Congressman Gohmert comments on ICE Agents' Lawsuit 

CSM: Illegal immigration: Agents sue to block Obama's 'DREAM Act'

House Judiciary Committee Charges Administration with Falsifying Deportation Numbers

Roy Beck on FNC's "Your World with Neil Cavuto"

ICE Council President Chris Crane and Attorney Kris Kobach on FNC's "The O'Reilly Factor"

FoxNews report that aired on "Special Report with Bret Baier"

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