Fox News cherry-picked from President Obama's statements at a town hall event to falsely suggest Obama is illegally enforcing his immigration directives in violation of a court order temporarily blocking the directives from going into effect -- but the Obama administration has already suspended implementation of the executive action to comply with the ruling.
On February 25, Obama spoke “directly to the Latino community” at an MSNBC town hall. Speaking with Telemundo and MSNBC host José Díaz-Balart, the president discussed the implications of the recent halt on his immigration actions put in place by a federal judge in Texas, a ruling that is currently being appealed by the Department of Justice.
During the February 26 edition of Fox & Friends, Fox News anchor Heather Nauert played an out-of-context clip of the president's remarks at the town hall, suggesting he was illegally enforcing the immigration actions at issue in the Texas case. Nauert claimed that Obama was “warning” Immigration and Customs Enforcement (ICE) agents who did not follow his executive action and aired a clip of Obama saying:
OBAMA: The bottom line is, is that, if somebody's working for ICE and there's a policy and they don't follow the policy, there're going to be consequences to it.
After airing the clip of Obama's remarks, Nauert alleged that “there's just one problem” with Obama saying ICE agents would have to follow his directives -- “a federal judge has issued a ruling halting the executive immigration order in its tracks”:
Later in the program, host Steve Doocy again played the cropped clip of Obama's remarks and claimed that the president was “essentially threatening ICE agents.” Doocy added that Obama's policy was to “let everybody stay, but the laws say, if you're in the country illegally, you should be deported”:
But the full context of Obama's statements show the president was speaking broadly about ICE agents following policies that are in place, making clear that a federal judge has currently blocked his most recent executive order. In the portion of the town hall directly prior to the remarks Fox aired, Obama told Díaz-Balart that while the administration appeals the Texas ruling, agents are expected to prioritize deportations properly and consistently with existing directives provided by the Department of Homeland Security and the administration (emphasis added):
DIAZ-BALART (Reading question from social media): How do you guarantee that an immigrant who is in the middle of legalizing his status, that he or she is not going to be deported by ICE? Mr. President, my husband was deported during the process, and this, she says, happened just last week.
OBAMA: You know, I would have to know the details of exactly what happened. But what I can tell you is that, until we pass a law through Congress, the executive actions that we've taken are not going to be permanent. They're temporary. We are now implementing a new prioritization. There are going to be some jurisdictions, and there may be individual ICE officials, or border patrol, who aren't paying attention to our new directives. But they're going to be answerable to the head of the Department of Homeland Security, because he's been very clear about what our priorities should be. And I've been very clear about what our priorities should be.
And the -- I don't know what the particular circumstances here are. But what I can tell you is, people who have signed up, for example, under my executive action in DACA, there are seven, 800,000 people who have signed up. They haven't had problems. It's worked. So we know how to make this work. Right now we've got a judge who's blocking it from working. And in the interim, until we can actually process all these applications, then what we're going to do is do what we can in terms of making sure that we're prioritizing it properly.
But the challenge is still going to be that not only do we have to win this legal fight, which we are appealing very aggressively, but ultimately we're still going to have to pass a law through Congress. The bottom line is, Jose, that I'm using all of the legal power vested in me in order to solve this problem. And, you know, one of the things about living in a democracy is that we have separation of powers, we have Congress, we have the judicial branch. And, you know, right now, we've got some disagreements with some members of Congress, and some members of the judiciary in terms of what should be done. But what I'm confident about is ultimately this is going to get done. And the reason it's going to get done is it's the right thing to do. And it is who we are as a people.
DIAZ-BALART: But what are the consequences? Because, how do you -- how do you ensure that ICE agents or border patrol won't be deporting people like this? I mean, what are the consequences?
OBAMA: Look, the bottom line is that if somebody's working for ICE and there's a policy, and they don't follow the policy, there are going to be consequences to it. So I can't speak to a specific problem. What I can talk about is what's true in the government generally. In the U.S. military when you get an order, you're expected to follow it. It doesn't mean that everybody follows the order. If they don't, they've got a problem. And the same is going to be true with respect to the policies that we're putting forward.
The Obama administration has already delayed the implementation of their executive action on immigration in response to the court's ruling on the matter. As The New York Times explained, “administration officials ... postponed President Obama's sweeping executive actions on immigration indefinitely, saying they had no choice but to comply” with the judge's order to halt the policy.