“The court finds that DHS does not have discretion to refuse to initiate removal proceedings” when the requirements for deportation under a federal statute are met, O’Connor said today in a 38-page decision, referring to the Department of Homeland Security.
Still, the judge said he can’t decide the case based on the arguments he’s heard so far.
“Accordingly, the court hereby defers ruling on the plaintiffs’ application for preliminary injunction until the parties have submitted additional briefing,” O’Connor said.Once again, Kansas very own, Kris Kobach finds himself the driving force behind enforcing the federal immigration laws the Washington establishment seem so willing to break and ignore:
The case was filed by attorney Kris Kobach, who also serves as Kansas Secretary of State and is a national Republican Party adviser. Lead plaintiff Christopher L. Crane is president of the National Immigration and Customs Enforcement Council, a 7,600- member federal immigration agents’ union.
“Officers are applying the directive to people detained in jails, not kids in school,” Crane testified at the April 8 hearing. “It is now the story in the jails for aliens to use to avoid arrest and deportation.”And what is the Obama administration's response to ignoring the law? You guessed it, they require a guaranteed 100% success rate in order to be able to enforce the law:
“The executive cannot remove 11 million people,” Kirchner said of the branch of the U.S. government led by Obama. “The executive has authority to exercise its discretion.”I wonder if we will see this standard attached to other federal laws, like tax law where Obama's own administration officials owes hundreds of thousands of dollars in back taxes and have been caught lying on their tax forms for years.