Skip to main content
Part of complete coverage from

'Rogue' DHS unions follow Obama's lead on deportation

By Ruben Navarrette, CNN Contributor
updated 10:57 AM EDT, Wed May 22, 2013
ICE security contractors prepare to deport Honduran immigration detainees in Mesa, Arizona, early this year
ICE security contractors prepare to deport Honduran immigration detainees in Mesa, Arizona, early this year
STORY HIGHLIGHTS
  • Ruben Navarrette: Two DHS unions now publicly oppose proposed immigration reform
  • He says this "rogue-ish" behavior awkward for President Obama, who supports reform bill
  • Obama turned blind eye to zealous deportation, even when it flouted Morton Memo, he says
  • Navarrette: Deportation-happy ICE officials no more "rogue" than the president's policies

Editor's note: Ruben Navarrette is a CNN contributor and a nationally syndicated columnist with the Washington Post Writers Group. Follow him on Twitter: @rubennavarrette.

San Diego (CNN) -- Welcome to the chaotic Department of Homeland Security.

Two unions -- representing nearly 20,000 DHS employees -- recently joined forces to publicly oppose the Senate immigration reform bill from the so-called "Gang of Eight."

News: Senate Judiciary Committee approves immigration legislation

The coalition represents 12,000 employees who are responsible for issuing documents that allow some immigrants to legally stay in the United States and 7,700 agents charged with deporting illegal immigrants out of the country. Together, the unions claim that the bill would weaken public safety.

What makes this situation awkward is that President Barack Obama and Homeland Security Secretary Janet Napolitano have given tacit support to the Senate immigration reform bill. Obama has said that a pathway to citizenship must be included in any reform proposal. And as recently as last month, White House press secretary Jay Carney said that White House staffers had months ago huddled with the eight senators to help draft the legislation.

Ruben Navarrette Jr.
Ruben Navarrette Jr.

As an additional wrinkle, many of these DHS employees who oppose the bill would be charged with helping to implement it, either by reviewing the applications of undocumented immigrants who would be seeking legal status or deporting those who didn't qualify for it. How that will ultimately work out is anyone's guess.

Some of this sounds familiar. Before the unions took on the Senate bill, they launched a rebellion closer to home.

In June 2011, U.S. Immigration and Customs Enforcement Director John Morton fired off an internal memorandum -- the "Morton memo," as it became known -- to all directors, agents and general counsel in the agency's field offices.

In the memo, Morton advised the field personnel that they "may" exercise discretion and show leniency toward some illegal immigrants by weighing certain factors. They included the length of time the person had lived in the United States, whether the person arrived as a child, whether the person was pursuing an education, etc.

The Morton memo was heralded by immigration reform advocates as a major breakthrough. And yet, how did some in the field respond to the memo?

According to more than a dozen immigration attorneys I interviewed back then and many others I saw quoted elsewhere, they ignored it. You had rampant insubordination. And neither Morton nor his higher-ups, i.e. Napolitano and Obama, did anything to bring people back in line.

I suspect that the reason for this hands-off approach was that the ICE agents, by racking up deportations, were helping the administration meet its goal of deporting people -- which it has done at a rate of more than 1,000 per day. The high numbers were necessary so that the administration could portray itself to Congress and the American people as tough on immigration enforcement.

In October 2011, just four months after the Morton memo was issued, Napolitano delivered a speech at American University in which she boasted that the Department of Homeland Security was on track to set a new record for deportations in the 2011 fiscal year. It did. And in fiscal 2012, it broke that record again. At this rate, by the end of 2013, the administration will have deported 2 million people.

Those figures make the claims of Chris Crane, the head of the National Immigration and Customs Enforcement Council (the 7,700-member deportation agents' union), all the more ridiculous. Crane told the New York Times: "This department under this administration is doing anything and everything they can not to arrest any alien in the interior of the United States."

Crane should tell that to 10-year-old Stephanie Pucheta who, next month, will be spending Father's Day without her father, Julio Cesar Pucheta, who was deported in January.

In a video testimonial on behalf of the immigrant advocacy group Cuentame, the U.S.-born Stephanie explains how -- when a judge ordered her father removed from the country -- she couldn't stop crying.

She goes on to say: "My life has changed without my father. Since he's been gone, I miss him every day. Every morning when I wake up, I wonder why they didn't let him stay here. Why do they have to be so cruel to the families that are here?"

That's a really good question. This administration has been excessively cruel to illegal immigrants and their families. And, worse, it hasn't been willing to confess to the crime. Instead, it has led us to believe that its record number of deportations are partly the result of low-level agents and their supervisors going rogue and refusing to use discretion to the point where some of those being deported shouldn't be.

Is that really what's happening?

Napolitano has said all along she wants to remove illegal immigrants, more and more every year. That's what the low-level ICE agents were doing. So maybe they weren't being disobedient. Maybe, in trying to be both tough and compassionate, the entire administration is being duplicitous.

Follow us on Twitter @CNNOpinion.

Join us on Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Ruben Navarrette.

ADVERTISEMENT
Part of complete coverage on
updated 8:37 AM EDT, Tue October 28, 2014
Errol Louis says forced to choose between narrow political advantage and the public good, the governors showed they are willing to take the easy way out over Ebola.
updated 2:03 PM EDT, Mon October 27, 2014
Eric Liu says with our family and friends and neighbors, each one of us must decide what kind of civilization we expect in the United States. It's our responsibility to set tone and standards, with our laws and norms
updated 7:45 AM EDT, Mon October 27, 2014
Sally Kohn says the UNC report highlights how some colleges exploit student athletes while offering little in return
updated 3:04 PM EDT, Sun October 26, 2014
Terrorists don't represent Islam, but Muslims must step up efforts to counter some of the bigotry within the world of Islam, says Fareed Zakaria
updated 9:02 AM EDT, Fri October 24, 2014
Scott Yates says extending Daylight Saving Time could save energy, reduce heart attacks and get you more sleep
updated 8:32 PM EDT, Sun October 26, 2014
Reza Aslan says the interplay between beliefs and actions is a lot more complicated than critics of Islam portray
updated 7:19 AM EDT, Mon October 27, 2014
Julian Zelizer says control of the Senate will be decided by a few close contests
updated 8:12 AM EDT, Fri October 24, 2014
The response of some U.S. institutions that should know better to Ebola has been anything but inspiring, writes Idris Ayodeji Bello.
updated 5:01 PM EDT, Wed October 22, 2014
Paul Callan says the grand jury is the right process to use to decide if charges should be brought against the police officer
updated 12:19 PM EDT, Thu October 23, 2014
Theresa Brown says the Ebola crisis brought nurses into the national conversation on health care. They need to stay there.
updated 6:35 PM EDT, Tue October 21, 2014
Patrick Hornbeck says don't buy the hype: The arguments the Vatican used in its interim report would have virtually guaranteed that same-sex couples remained second class citizens
updated 12:30 PM EDT, Fri October 24, 2014
The Swedes will find sitting on the fence to be increasingly uncomfortable with Putin as next door neighbor, writes Gary Schmitt
updated 12:32 PM EDT, Fri October 24, 2014
The Ottawa shooting pre-empted Malala's appearances in Canada, but her message to young people needs to be spread, writes Frida Ghitis
updated 9:48 PM EDT, Sat October 25, 2014
Paul Begala says Iowa's U.S. Senate candidate, Joni Ernst, told NRA she has right to use gun to defend herself--even from the government. But shooting at officials is not what the Founders had in mind
updated 6:08 PM EDT, Thu October 23, 2014
John Sutter: Why are we so surprised the head of a major international corporation learned another language?
updated 5:54 PM EDT, Thu October 23, 2014
Jason Johnson says Ferguson isn't a downtrodden community rising up against the white oppressor, but it is looking for justice
updated 12:21 PM EDT, Fri October 24, 2014
Sally Kohn says a video of little girls dressed as princesses using the F-word very loudly to condemn sexism is provocative. But is it exploitative?
updated 4:06 PM EDT, Tue October 21, 2014
Timothy Stanley says Lewinsky is shamelessly playing the victim in her affair with Bill Clinton, humiliating Hillary Clinton again and aiding her critics
updated 10:14 AM EDT, Thu October 23, 2014
Imagine being rescued from modern slavery, only to be charged with a crime, writes John Sutter
updated 12:00 PM EDT, Tue October 21, 2014
Tidal flooding used to be a relatively rare occurrence along the East Coast. Not anymore, write Melanie Fitzpatrick and Erika Spanger-Siegfried.
updated 7:35 AM EDT, Tue October 21, 2014
Carol Costello says activists, writers, politicians have begun discussing their abortions. But will that new approach make a difference on an old battleground?
updated 9:12 AM EDT, Tue October 21, 2014
Sigrid Fry-Revere says the National Organ Transplant Act has caused more Americans to die waiting for an organ than died in both World Wars, Korea, Vietnam, Afghanistan and Iraq
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT