The union representing Immigration and Customs Enforcement (ICE) officers are suing DHS and Janet Napolitano because they are not enforcing the law.  The lawsuit stems from the Obama administration’s refusal to deport illegal aliens and their children.

A Federal Judge has now affirmed the obvious, DHS cannot just randomly choose which immigration laws to enforce, and which to avoid.

But think about this the next time you are in a challenging conversation with the progressive left – Has there ever been another modern President who needed to be sued, to follow the laws that were constitutionally written? 

People on the ideological left often say that it’s ridiculous to claim President Obama is intentionally undermining U.S. laws and the constitution.   Yet, isn’t this, once again, just a perfect example of him doing exactly that.

WASHINGTON DC – 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.  (read more)