Judge says DHS does not have the discretion not to deport

Washington Examiner:
Homeland Security (DHS) Secretary Janet Napolitano does not have the authority to refuse to enforce laws that require illegal immigrants to face deportation, according to the federal judge hearing the Immigration and Customs Enforcement union’s lawsuit against DHS.

“The court finds that DHS does not have discretion to refuse to initiate removal proceedings [when the law requires it],” U.S. District Judge Reed O’Connor said today, per Business Week. O’Connor asked DHS and the ICE union to offer additional arguments before he makes a final ruling on the legality of President Obama’s “deferred action on childhood arrivals” (DACA) program, which invoked prosecutorial discretion as a means of allowing people to stay in the country if they would have qualified for amnesty under the DREAM Act, which never passed through Congress.

The judge’s comments come one day after Napolitano scolded the union, during a Senate Judiciary Committee hearing on the Gang of Eight’s immigration bill, for challenging the policy she and Obama have implemented.
... 
The court appears to have sided with the unions who represent ICE and the Border Patrol.  This is a timely decision that could impact the debate over immigration reform.  It also makes Obama's dreamer decision look in doubt.

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