The Obama Administration is facing a serious legal challenge over its "amnesty" immigration program. Ten agents with Immigration and Customs Enforcement (ICE) have filed a federal lawsuit challenging what amounts to a power play by President Obama - an end run around Congress - to implement a program that ignores federal law.
As you may recall, President Obama couldn't get Congressional approval for the DREAM Act. So, he bypassed Congress and by using what can only be described as executive fiat ordered that some illegal immigrants be permitted to stay in this country, and even in some cases, be permitted to get work permits as well.
The problem, according to the ICE agents who filed the lawsuit, is that the directive forces the agents to "violate federal law." It says the new directive "unconstitutionally usurps and encroaches upon the legislative powers of Congress."
They are absolutely correct.
As I told FOX News today, this "amnesty" program puts ICE agents in a very difficult position. They are sworn to uphold the laws and the Constitution of the United States. This directive from President Obama, in essence, suspends the law - something the President has no authority to do.
The federal lawsuit which names Homeland Security Secretary Napolitano and ICE Director John Morton as defendants, has the support of numerous lawmakers, including House Judiciary Committee Chairman Lamar Smith, (R-TX), who issued this statement: "The Obama administration's amnesty program not only rewards lawbreakers, it also forces ICE agents to violate federal law. ICE agents should enforce our immigration laws and apprehend illegal immigrants. But the Obama administration makes it impossible for ICE agents to do their jobs."
The fact is the law does not permit President Obama to do what he has done. The lawsuit raises significant constitutional issues about the separation of powers between the Legislative and Executive branches. And the lawsuit leaves no doubt that our law enforcement officials are sworn to uphold the law, not ignore it.