Last month a group of Immigration and Customs Enforcement agents sued the department in federal court in Dallas, accusing the administration of violating federal law and forcing ICE employees to break the law by not arresting certain illegal immigrants. Napolitano and ICE Director John Morton were named as defendants.
An informal adviser to Romney on immigration, Kansas Secretary of State Kris Kobach, filed the suit on behalf of the agents.
"It places ICE agents in an untenable position where their political superiors are ordering them to violate federal law," Kobach said at the time. "If they follow federal law, they will be disciplined by their superiors."
On Tuesday, Sen. Jeff Sessions, R-Ala., sent a letter to Morton questioning the new policy and how it is being implemented. He cited reports of immigration officers being threatened with punishment for trying to enforce immigration laws, an allegation outlined in Kobach's suit.
"The speed at which the deferrals are being granted continues to raise severe concerns about fraud and the administration's ability to verify items like age of entry, educational status and even current age," Sessions said. "But the bigger issue is that the administration has effectively nullified existing federal law with the stroke of a pen. Moreover, it is a pure fiction that its non-enforcement policy is limited to those theoretically eligible for DREAM."
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