The directive was initially passed as an executive order by President Obama back in June of this year. Critics claimed that it was a political move in order for the President to obtain Hispanic votes. Whatever the reasoning behind the executive order, the Hispanic community has definitely been moved. In June, coinciding with the President’s executive order, Secretary Napolitano issued the directive to ICE agents to stop placing those affected by the order in deportation proceedings.
On August 15, 2012, the USCIS began accepting applications for deferred action for childhood arrivals.
The 10 ICE agents initiating the lawsuit claim that they have been put in a catch-22 situation. Either they break the law by not deporting illegal immigrants or they disobey their superiors by not following the Department of Homeland Security’s directives. The Defendant group of ICE agents are being represented by Kris Kobach, who has informally advised the Romney campaign on immigration. Kobach has been an active supporter of cracking down on illegal immigration, having written the controversial immigration laws currently being challenged in court in both Arizona and Alabama.
Undoubtedly, the outcome in court will rely on arguments of prosecutorial discretion. For those applying for deferred action, this case can definitely cause an uncertain future as to whether or not such an application would be in the applicant’s best interests.