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ICE Agent Faces Suspension For Arresting Illegal Alien

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ICE Agent Faces Suspension For Arresting Illegal Alien
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By Todd Starnes

A veteran Immigration and Customs Enforcement agent is facing suspension after he refused to release an illegal immigrant who was not considered a priority target under the Obama Administration’s new immigration enforcement policies, according to documents provided exclusively to Fox News.

“They’re punishing law enforcement officers who are just trying to uphold U.S. law,” said Chris Crane, president of the National ICE Council. Crane is a union representative acting on the unidentified officer’s behalf.

The officer under fire is an 18-year law enforcement and military veteran.

On March 27 he and another officer were conducting surveillance on a vehicle in Newark, Del. with plates that were registered to a criminal alien target. During the surveillance, they observed an individual get into the vehicle. The person was detained, questioned and taken to an ICE office so that his fingerprints could be run through a federal database.

The individual was not their criminal alien target. However, he was a 35-year-old illegal immigrant from Mexico who had ten previous traffic violations – including driving without a license.

“The officer made the determination using prosecutorial discretion that he would charge (the suspect) as being in the United States illegally and let the judge sort it out,” Crane said.

“That’s our place in the universe,” he said. “We’re supposed to make arrests and let the judges and the legal system sort through the details.”

Instead, two supervising officers, including the acting field director, intervened and ordered the officer to release the illegal immigrant. The acting field director sat down with the illegal and explained that he was going to be let go because he was not a “presidential priority,” Crane said.

In essence, the supervising officers took on the role of a public defender.

“You had the supervisors intervening with the alien to assist the alien and counsel the alien on avoiding receiving a charging document,” he said.

The officer’s supervisors ordered the officer to release the illegal – an order the officer refused.

According to a “Notice of Proposed Suspension,” dated July 19, the officer “failed to follow these supervisory instructions, when you arrested a non-targeted alien who did not appear to meet any of the ICE priorities.”

A memorandum from Assistant Field Office Director David O’Neill, written the morning of the incident, reveals that the officers were told to release the subject even though he was in the country illegally.

The officer “became agitated and began to raise his voice and stated that he would not do as instructed,” O’Neill wrote in his memo.

As a result of disobeying the order to release a known criminal, the officer faces a three-day suspension and could ultimately lose his job and pension if he arrests another illegal not on the Obama administration’s priority list.
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What is going to get lost in the inevitable uproar is that he disobeyed a lawful order from his superior.

If he agreed with the directive or not, he was still required to obey the order and release the subject.

Now, it does create an interesting juxtaposition, in that he disobeyed an order which itself was based on disobeying federal immigration statutes.
 
"Lawful orders" are for public order units when it comes to law enforcement. The idea of discretion is what should be applied everywhere else- your superiors do not "order" you to release people. We are bound by the law not to what our superiors say. Superiors and other officers offer direction but it can be put aside for an officers discretion. It is not military in the respect of lawful orders.

We can be told to not look at something as a priority. Like say open liquor at an outdoor concert but at the end of the day the decision rests with the officer. From the way the article is written they have a similar idea because the officer made his decision taking into account information about all the traffic violations etc before actioning it.

Discretion is one of THE most important things that makes our police different from other countries- its also why we pay them so much. They are expected to use a large amount of discretion, and make good decisions, many times over each shift.
 
Container said:
"Lawful orders" are for public order units when it comes to law enforcement. The idea of discretion is what should be applied everywhere else- your superiors do not "order" you to release people. We are bound by the law not to what our superiors say. Superiors and other officers offer direction but it can be put aside for an officers discretion. It is not military in the respect of lawful orders.

We can be told to not look at something as a priority. Like say open liquor at an outdoor concert but at the end of the day the decision rests with the officer. From the way the article is written they have a similar idea because the officer made his decision taking into account information about all the traffic violations etc before actioning it.

Discretion is one of THE most important things that makes our police different from other countries- its also why we pay them so much. They are expected to use a large amount of discretion, and make good decisions, many times over each shift.

Very much agreed. Like you say, they can either make you pour out the liquor, ticket you, or arrest and charge... it's all about discretion.

The ICE agent should not be reprimanded as he acted in accordance to law but... Bureaucracy will always win in the end, one way or another.
 
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