As reported by Law360, Director Leon Rodriguez of the US Citizenship and Immigration Services (USCIS) has accepted responsibility for violating Texas Judge Hanen’s temporary injunction on President Obama’s executive actions on immigration reforms. Around 2,000 expanded work permits were issued to undocumented immigrants despite the injunction order.
Rodriguez told the Texas federal court that that he accepted complete responsibility for failing to stop the three year work permits being issued under the Deferred Action for Childhood Arrivals (DACA) program despite Judge Andrew Hanen’s injunction order.
According to immigration attorneys, Brownsville Judge Hanen put a hold on two of Obama’s key executive action policies; the expansion of DACA from two to three years, and the launch of a similar program for some immigrant parents. The Department of Justice attorneys revealed on May 7th that around 2,000 undocumented immigrants were provided three-year work permits after the injunction order was issued. This was despite the attorney telling the court that they had stopped providing DACA recipients with the work permits.
Computer system failure, claims USCIS director
The USCIS director said the agency should have coordinated with its offices in a better manner and should have exercised greater management oversight. Following the faux pas, the agency claims to have withdrawn the work permits and modified their computer systems to reduce the possibility of the same problem occurring again. He also said that the USCIS took measures to comply with the injunction order immediately after it was issued. In support of Rodriguez, the DOJ filed a second affidavit from the USCIS associate director for service center operations Donald W. Neufeld.
Conflicting statements from the DOJ
What is a major concern is that the USCIS isn’t sure if the number of prohibited deferrals and EADs, which they claim was issued to 2,000 illegal immigrants, is accurate. According to Neufeld’s affidavit, the total number of may change from the estimates provided to the Court. When combined with the report by the inspector general that Homeland Security does not gather and analyze prosecutorial discretion data on DACA participants, it reduces the credibility of the DOJ to argue that both the DACA and DAPA programs will be able to filter out the most dangerous illegal immigrants.
This issue was raised by Texas and the 25 other states in an amicus brief on May 20th, stating that the explanations by the government only confirmed ambiguity in the government machinery and that the complexities brought on by the DAPA/DACA bureaucracy was too difficult for even the defendants to have a complete understanding of what the government machinery was doing.
Competency of DOJ lawyers in doubt
Earlier, the DOJ lawyers came in for some severe criticism from Judge Hanen for waiting two weeks after the injunction order to inform the judge of the so called computer error. The judge had ordered DOJ to present all drafts of the advisory and names of employees at DOJ and Homeland Security who knew about the computer error and the granting of 100,000 deferrals.
DOJ attorneys seemed to have a tough time understanding the order and neglected to file a privilege log that contains a list of documents any party to a lawsuit claims is privileged information, the date and subject, and the list of individuals who prepared and received the legal documents.
Due to this, Judge Hanen was forced to issue another order asking the government to identify the individuals named in the privilege log. The DOJ claimed that its legal team misunderstood Judge Hanen’s inquiries and have tried to blame the 26 states by stating that they did not challenge the 2012 DACA program when in fact they challenged the expansion of that very program announced by Obama on November 20th, 2014.
Do not worry about this mess. There is always room in American for skilled professionals. You need to use this site USAttorneys.com and your dreams could become a reality.
The DOJ is a national disgrace
This DOJ is the same outfit that gave high powered weaponry to the Mexican mafia which resulted in an American federal agent’s death and hundreds of dead Mexicans. This is the same corrupt bunch at the DOJ who allowed the IRS to turn America into a banana republic when they attacked conservative organizations to help Obama win in 2012.