ICE agents were not then and are not now, allowed to arrests the thousands of illegal immigrants who agents cross paths with each and everyday. Bush was not serious about stopping and/or deporting illegal aliens and neither is the ObamaNation. Amnesty is next.
The U.S. Border will never be secure because the United States grants amnesty every 20 years and does nothing to stop the illegals from remaining in the country once they get pass the border. Obama has cut all funding for worksite enforcement. Only those illegal aliens arrested by state, local and federal agents on other criminal charges will be deported. Everyone else can stay.
Blame ICE not the Supreme Court for this bad case law. ICE should have known not to use statutes that they had no jurisdiction to enforce and were absent the legislative intent that ICE was using to make the lame criminal cases. ICE could have arrested and deported hundreds of thousand of illegals during the Bush years. Instead ICE went after a couple thousand illegal aliens working in meat packing plants. ICE charged the aliens with weak criminal charges which resulted in time served only (days not months). ICE then bragged about the huge increase in criminal arrests since the creation of the Department of Homeland Stupidity (DHS). ICE could have charged most of the aliens with re-entry or other immigration violations. ICE could have used the administrative deportation process as Congress intended. But NO. ICE made criminal cases that a blind man could see would not stick in the appeals process. ICE SUCKS and the country is less secure than ever.
I know because I was there. ICE FREE is the only way to BE.
The Associated Press: Court rules for immigrant in ID theft case