In a decision about a politically contentious lawsuit, a federal district court struck a blow at the Department of Homeland Security’s use of prosecutorial discretion to manage its removal work. Crane v. Napolitano, No. 3:12-cv-03247-O, slip op. (N.D. Tex. April 23, 2013) (O’Connor, J.). The court strongly suggested that it will uphold the bulk of the claims brought against DHS by the ICE union challenging ICE’s prosecutorial discretion memoranda and the specific prosecutorial discretion initiative known as Deferred Action Against Childhood Arrivals (DACA). As I detailed before, the agents [...]
US Dist Ct: ICE agents have standing to pursue challenge to prosecutorial discretion policy
A U.S. District Court announced that several ICE agents challenging the Obama Administration’s prosecutorial discretion and deferred action policy initiatives may take their claims to trial. Crane v. Napolitano, No. 3:12-cv-03247-O, slip op. (N. Dist. Tex. Jan. 24, 2012) (O’Connor, J.). The court concluded that the agents have standing to pursue their claim that they may suffer adverse employment consequences as a result of doing what the INA, the federal statute that governs immigration law, requires of them. The ICE agents’ single surviving claim is that Secretary Napolitano’s deferred [...]