Loading...

Judge: DHS Head Didn’t Have Authority to Suspend DACA

November 16, 2020by David Porter, Associated Press
Acting Secretary of Homeland Security Chad Wolf is sworn in before the Senate Homeland Security and Governmental Affairs committee during his confirmation hearing, on Capitol Hill in Washington.(Shawn Thew/Pool Photo via AP)

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,” 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.

About 650,000 people are part of DACA, which allows young immigrants who were brought to the country as children to legally work and shields them from deportation.

Karen Tumlin, an attorney who represented a plaintiff in one of the 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.”

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. Kevin McAleenan, who succeeded Nielsen until he resigned in October 2019, also didn’t have statutory authority to hold the position, Garaufis wrote.

DHS did not immediately respond to a request for comment on the ruling. The department has maintained that Wolf’s appointment was legal even without Senate confirmation, which is still pending in the final weeks of the Trump administration.

President-elect Joe Biden plans to reinstate DACA and is expected to use executive orders to reverse some of Trump’s other immigration actions.

A+
a-

Immigration

November 30, 2021
by Reece Nations
Texas Land Commissioner Authorizes Border Wall on State-Owned Land

WESLACO, Texas — Texas Land Commissioner George P. Bush announced a lease agreement on Monday between the General Land Office... Read More

WESLACO, Texas — Texas Land Commissioner George P. Bush announced a lease agreement on Monday between the General Land Office and the Texas Department of Public Safety authorizing border wall construction along a tract of farmland owned by the office on a parcel of the border... Read More

November 29, 2021
by Kate Michael
Critics Say Humanitarian Aid May Prolong Conflict, Hamper Long-Term Development

WASHINGTON — According to the United Nations High Commissioner for Refugees, at the end of 2020 the most people on... Read More

WASHINGTON — According to the United Nations High Commissioner for Refugees, at the end of 2020 the most people on record — about 82.4 million people — were displaced around the world and 243.8 million people required humanitarian assistance. That is one in 33 people worldwide... Read More

September 29, 2021
by Dan McCue
New Rule Proposed to Strengthen DACA Protections

WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred... Read More

WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred Action for Childhood Arrivals program and protect undocumented people in the program from legal challenges. The Deferred Action for Childhood Arrivals program, more commonly known as... Read More

US Special Envoy to Haiti Resigns Over Migrant Expulsions

The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked... Read More

The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked by civil strife and natural disaster, U.S. officials said Thursday. Daniel Foote was appointed to the position only in July, following the assassination of Haiti's president.... Read More

Officials: Many Migrants From Border Camp Staying in US

DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the... Read More

DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the United States, two U.S. officials said, undercutting the Biden administration's public statements that the thousands in the camp faced immediate expulsion. Haitians have been freed on... Read More

Parliamentarian Deals blow to Dems' Immigration Push

WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give... Read More

WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give millions of immigrants a chance to become citizens, the Senate's parliamentarian said, a crushing blow to what was the party's clearest pathway in years to attaining... Read More

News From The Well
Exit mobile version