ICE Agents File Lawsuit Against Obama Administration - KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com |

ICE Agents File Lawsuit Against Obama Administration

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By Devin Sanchez
NewsWest 9

When the DREAM Act, or the Development, Relief, and Education for Alien Minors, failed to pass through Congress last year, President Obama drafted and signed an executive order.

"What the president has done, by executive order, he said we're not going to arrest any of you kids and we're going to give you temporary status for two years and we're going to give you employment authorization," Mike Borland, an attorney from Midland who has helped several teens file for the DREAM Act, said.

Once the executive order was signed, Secretary of Homeland Security, Janet Napolitano implemented it. Now, 10 Immigration and Customs Enforcement agents, seven who work in Texas, filed a lawsuit against the administration.

"They're obviously quite upset that the president isn't letting them enforce the law the way they see it ought to be enforced," Borland said. "So they've joined together and brought this case and said the president doesn't have a right to tell them how to do their job."

The lawsuit, issued by Judge O'Conner in a district court in Dallas, could put at risk all the kids who have already filed for the DREAM Act benefits.

"A large quantity of the kids who are eligible for the DREAM Act, deferred action are in Texas, and a lot of them are in West Texas. So if the District Court in Dallas holds that whole program to be illegal on the presidents part then that program will be shut down," Borland told NewsWest 9. "They've graduated from school, they're in school, they want to go to school. They can serve in the military if they want to do that. It's for specific kids. They're basically good citizens, they're just not citizens."

Borland thinks the suit will go all the way to the Supreme Court.

"Hopefully in the interim, Congress will act on comprehensive immigration reform, or at least give us the DREAM Act for these kids who were brought here through no fault of their own and don't know any country besides the U.S.," he said. 

In the 38 page decision, Judge O'Conne wrote: "the Department of Homeland Security does not have discretion to refuse to initiate removal proceedings."

The court delayed a final ruling on the suit until May 6, 2013.