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.