Challenging Biden for coercing violation of oaths and contracts

Immigration and Customs Enforcement agents have been placed in a precarious situation by executive orders signed by President Joe Biden. They are being asked, or coerced, into failure to perform their duties by order of the president, becoming little more than nannies and crossing guards for illegal immigrants. Having taken an oath of office, ICE and Border Patrol agents are being ordered to virtually stand down from their sworn duties to protect the nation:

Federal agents and employees have their hands tied, being constrained from detaining, arresting, and deporting individuals who illegally cross the border

“I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Federal agents and employees have their hands tied, being constrained from detaining, arresting, and deporting individuals who illegally cross the border. They are being redirected from defending the nation’s boundary to provide housemother chores for more than 20,000 unaccompanied minors (arriving since Biden’s White House tenancy) in facilities cruelly overcrowded by administration decree. Ordered to protect and even aid adult gatecrashers, many with criminal histories, America’s besieged ICE agents are facilitating transportation of thousands across state lines to other jurisdictions expressly contrary to their duties and powers enumerated in the Code of Federal Regulations. The ramifications of abetting illegal entrants into the country, even at the behest of the nation’s executive officer, are troubling for these agents who view the orders as opposing their pledged mission. Good officers are unwilling to be insubordinate but neither are they willing to disregard their oath of service in blind obedience despite the political hierarchy expecting unquestioned submission. That in mind, there comes the query about possible recourse for agents seeking to fulfill their job description as written. The suggestion from our legal researcher, Toddy Littman, comes down to making a challenge through the courts martial, where agents may consider bringing suit against the superior officer (commander-in-chief) for giving orders that places them in the untenable position of violating their oath and abandoning their post by ignoring their sworn duties as described in 8 CFR§287.5. Making the claim would open the door for the court to require the superior officer (CIC President Biden) to prove whether or not the agents are being placed in a position that they abrogate their oath. Toddy notes that it is impossible for an agency to remain objective in carrying out their duties when their orders from a superior officer are political in nature. Not only are federal agents being pressured to act contrary to their sworn duties but contractors are also finding themselves in an unwieldy position of sitting on their thumbs. Watching the preparation work for the border wall be abandoned, scarring the landscape and leaving gaps that foreign actors, good and bad, stroll through unhindered, construction workers are being told by government officials to vacate their jobs.

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Take action to maintain the integrity of their office and employment

What amounts to breach of contract on the part of the administration, contractors are being left holding the bag for the inordinate waste of funds as the Defense Department pulls the plug apparently on the basis of political ideology. But is that legal? Border wall contractors and building material manufacturers and suppliers have been in limbo since Biden initiated executive orders to halt wall construction, unable to do the jobs they were contracted to accomplish and not released from those obligations. The GAO is examining the responsible party for contract fulfillment which falls on the shoulders of the administration that is directing Homeland Security and the Defense Department in the work stoppage. Construction firms likely have liens pending on the funds allocated for the work they were contracted to complete. It may behoove them to bring a lawsuit requiring the government put the funds to the best and most efficient use, which case could be made for finishing the wall rather than attempting to allocate the funds to other wasteful, costly purposes. From such a suit, settlement would likely be offered where the contractors must not accept anything less than what it would take to finish the border wall as intended. Also, if no clause appears in the original contracts indicating that the government party can assert and use a political claim to set aside the agreement, there would be no basis for arguing a political rationale in court. A change in the politics of an administration does not change the commitment of the U.S. government to complete the contract as intended, written and instituted. Once ground is broken there is no compelling right to stop the public project or reverse the actual construction, especially when the shutdown would leave public safety at risk. Do these suggestions have merit? We think so and would encourage federal agents who are being coerced to act in opposition to their sworn legal duties, and contractors being held hostage by arbitrary edicts emanating from the Oval Office – 62 of them at last count – take action to maintain the integrity of their office and employment. The Biden administration must be held accountable for leaving the back door wide open and laying out the welcome mat to individuals, both exploited and exploiters, who are being used by foreign criminal enterprises to overburden the American economy and plunge it headlong into ruin.