Boehner and McConnell may not have the authority to directly order the ICE and Border Patrol to do anything.
But they can appeal to ICE and Border Patrol agents to disobey Obama’s Executive Order and follow the law as written. Somebody needs to forcefully remind ICE and Border Patrol agents that they serve the United States of America, not President Obama (or any other President), and they have a duty as sworn officers of the law and citizens of the nation to protect, uphold and defend the Constitution of the United States – which also means the separation of powers.
Which means they should not obey an order that violates the Constitution even if it comes from the President.
Yes, I understand that such an action would set a dangerous precedent but I think that ship (of dangerous precedents being set) has sailed.
America’s soldiers, sailors, airmen and Marines are taught that they may not obey an illegal order – even if it comes from the Commander-in-Chief. Does the same not apply to FBI, Secret Service, CIA agents? If it does, then I suggest it should also apply to ICE and Border Patrol agents.
The way I see it, this is far less dangerous than acquiescing to the idea that the President not only can refuse to execute Constitutionally valid and enacted laws but also rewrite laws at will to suit to his political interests. Not only does it remind Obama that he is not an Emperor, but it also reminds the American people that safeguarding the Constitution is every citizen’s duty.
If Boehner and McConnell won’t do it, then [mc_name name=’Sen. Ted Cruz (R-TX)’ chamber=’senate’ mcid=’C001098′ ], [mc_name name=’Sen. Jeff Sessions (R-AL)’ chamber=’senate’ mcid=’S001141′ ], etc, should stand on the floor of the Senate and do what needs to be done.