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Judge Ordered DHS To Continue To Deport DAPA Eligible Individuals

In a recent interview with MSNBC host Jose Diaz-Balart, President Obama was asked how he would ensure that individuals who would be eligible for Deferred Action would not be deported in light of Judge Hanen’s February 16, 2015 injunction of DAPA and expanded Daca.

Obama responded: 

José, look, the bottom line is, is that if somebody is working for ICE and there is a policy and they don’t follow the policy, there are going to be consequences to it.  So I can’t speak to a specific problem.  What I can talk about is what’s true in the government, generally.

In the U.S. military, when you get an order, you’re expected to follow it.  It doesn’t mean that everybody follows the order. If they don’t, they’ve got a problem.  And the same is going to be true with respect to the policies that we’re putting forward.

The President is either not being honest or he did not read Judge Hanen’s order, which enjoined ICE from “implementing any and all aspects or phases of the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) program as set out in…Jeh Johnson’s memorandum dated November 20, 2014.”

Judge Hanen’s order is unequivocal: every aspect of the November 20, 2014 memorandum is frozen, including the critical part that instructed CBP and ICE to refrain from removing individuals who appeared eligible for DAPA or expanded DACA.

In other words, Judge Hanen ordered ICE and CBP to continue to remove individuals who are DAPA eligible if they do not fall under existing prosecutorial guidelines.

President Obama must issue a new order or memorandum to prevent DAPA eligible individuals from being removed from the United States.

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