Fed. judge rules DHS’s DACA suspension invalid due to Wolf’s ‘unlawful’ status as head

Fed. judge rules DHS’s DACA suspension invalid due to Wolf’s ‘unlawful’ status as head
Image: Rep. Cedric Richmond

[Ed. – The same judge issued an injunction against a previous DACA suspension  in 2018.  A Clinton appointee, now in senior status, he’s apparently a popular pick for illegal migration activists.]

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,” U.S. 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.”

Wolf issued a memorandum in July effectively suspending DACA, pending review by DHS. A month earlier, the U.S. 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.

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