Trump's acting DHS secretary was unlawfully appointed and didn't have the authority to suspend DACA, a federal judge ruled
Summary List Placement NEW YORK (AP) — A federal judge in New York ruled Saturday that Acting Department of Homeland Security Secretary Chad Wolf assumed his position unlawfully, a determination that invalidated Wolf's suspension of the Deferred Action for Childhood Arrivals program, which shields young people from deportation. "DHS failed to follow the order of succession as it was lawfully designated," US District Judge Nicholas Garaufis wrote. "Therefore, the actions taken by purported Acting Secretaries, who were not properly in their roles according to the lawful order of succession, were taken without legal authority." Karen Tumlin, an attorney who represented a plaintiff in one of two lawsuits that challenged Wolf's authority, called the ruling "another win for DACA recipients and those who have been waiting years to apply for the program for the first time." Wolf issued a memorandum in July effectively suspending DACA, pending review by DHS. A month earlier, the US Supreme Court had ruled that President Donald Trump failed to follow rule-making procedures when he tried to end the program, but the justices kept a window open for him to try again. In August, the Government Accountability Office, a bipartisan congressional watchdog, said Wolf and his acting deputy, Ken Cuccinelli, were improperly serving and ineligible to run the agency under the Vacancies Reform Act. The two have been at the forefront of administration initiatives on immigration and law enforcement. In Garaufis' ruling Saturday, the judge wrote that DHS didn't follow an order of succession established when then-Secretary Kirstjen Nielsen resigned in April 2019. DHS did not immediately respond to a request for comment on the ruling.Join the conversation about this story » NOW WATCH: Why NASA won't send humans to Venus
More like this (3)
People hold signs during a rally in support of the Supreme Court’s ruling in favor of...People hold signs during a rally in support of the Supreme Court’s ruling in favor of the Deferred Action for Childhood Arrivals (DACA) program, in San Diego, California, on June 18, 2020. Sandy Huffaker/AFP via Getty Images The House is expected to vote next week on two bills that would advance part of President Jo...
Family court judge says parents failed to help severely overweight children and did not understand worry...Family court judge says parents failed to help severely overweight children and did not understand worry of West Sussex social servicesTwo teenagers have been removed from their parents’ care after social services raised concerns about their weight to a family court judge. The judge, Gillian Ellis, ruled that the children from Sussex be taken into long-term foster care. She described the case as “very...
Summary List PlacementA federal judge in Texas temporarily blocked the Biden administration's 100-day deportation moratorium on...Summary List PlacementA federal judge in Texas temporarily blocked the Biden administration's 100-day deportation moratorium on Tuesday, stalling the administration's early immigration reform goals. The freeze, an executive order signed by President Biden alongside a stack of other first-day executive orders, was blocked by US District Judge Drew B. Tipton of the Southern District of Texas. Tipton was appointed by President Donald Trump, and...