Simon Law Group, PLLC Articles ICE Agents File Suit To Challenge Immigration Directive

ICE Agents File Suit To Challenge Immigration Directive

By Law Office of Sebastian J. Simon  May. 7, 2013 3:37p

In an attempt to deal with the number of illegal immigrants entering through the border between Texas and Mexico, a directive has been issued by the office of the President to federal agents working with the ICE, ordering operatives to scale back efforts to deport illegal aliens. Several agents with the federal agency have filed a suit in a Texas court, claiming that the executive order conflicts with federal law and hampers their ability to perform their duties.

According to documents filed in connection with the case, the Department of Homeland Security, acting under advisement of the office of the POTUS, gave out official directives to Immigration and Customs Enforcement agents in June 2012. The orders require federal investigators to "exercise prosecutorial discretion" when pursuing illegal immigrants, asking them to avoid removing certain violators who fall under a specific set of guidelines.

The documents indicate that ICE agents are ordered to refrain from beginning deportation proceedings for aliens who arrived in the country under the age of 16, have spent at least five continuous years as residents in the US, and have obtained a GED, high school diploma, or are currently in school, or have been honorably discharged from the US military. The directives also stipulate that any illegal alien who would otherwise be eligible that has committed a felony crime, serious misdemeanor, or multiple minor misdemeanors, or is currently thirty years or older, is not to be considered exempt from deportation.

After reviewing the initial suit filed by several members of ICE, who claim that the new guidelines conflict with federal law and hinder their ability to perform their jobs, a US District Judge in Texas has asked both sides to file additional arguments, putting off making a ruling until later in May. Although the initial decision found that the DHS did not have the authority to override federal deportation laws, the Judge says he cannot make a final ruling without new evidence and information.

Seek Help From An Immigration Attorney In Houston

If you or a loved one is facing the threat of deportation or is accused of immigrating to the United States illegally, please seek help from a trained legal professional right away! At the Law Office of Sebastian J. Simon, we understand the stress and trauma that can be associated with immigration into this country. Attorney Simon is himself an immigrant from Chile, giving him firsthand experience with the process. Please, contact our firm or visit our website at before it is too late!

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