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Exclusive: 10 ICE Agents Sue Homeland Secretary Napolitano Over Deportation Policies

Moments ago, ten agents from the Immigrations and Customs Enforcement agency filed a federal lawsuit against Homeland Security Secretary Janet Napolitano. The agents claim that Napolitano’s orders on “prosecutorial discretion” in essence tell them to break the law and disregard the Constitution. Because of the use of prosecutorial discretion, most illegal immigrants will not qualify as priority targets and agents must simply release them.

The lawsuit says that agents are being forced “to violate federal law … commands ICE officers to violate their oaths to uphold and support federal law. Unconstitutionally usurps and encroaches upon the legislative powers of Congress … violates the obligation of the executive branch to faithfully execute the law, as required by … the United States Constitution.”

In an interview with Shannon Bream, attorney Kris Kobach equated this to ‘Operation Fast & Furious,’ saying, “in both instances, the Obama administration ordered federal law enforcement agents to break the law, to ignore the laws that they are supposed to enforce, and in the case of the ICE agents to actually break federal laws that say you’re supposed to deport certain people.”

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