Federal judge unlawfully appoints DHS head Chad Wolf, invalidating DACA suspension

On Saturday, a federal judge in New York City stated that Chad Wolf is not acting legitimately as head of Homeland Security and as such, suspended his protection for a class of migrants in the United States Because illegally children are illegal.

The US Supreme Court ruled in June that the Trump administration tried to shut down protections under Obama-era legislation called DACA, or deferred action for childhood action. On July 28, Wolf nevertheless postponed pending review of DACA.

Homeland Security did not immediately respond to a request for comment.

President Donald Trump speaks next to Secretary of Homeland Security Chad Wolf and Acting Customs and Border Protection (CBP) Commissioner Mark Morgan as they receive a border wall construction and operational update on August 18, 2020 in Yuma, Arizona.Tom Brenner / Reuters

Judge Nicholas Garaufis said that court conventions would be held to detail his rule.

He concluded, “Wolf was not legally serving as acting secretary of Homeland Security under the HSA [Homeland Security Act] When he issued the Wolf Memorandum “which suspended DACA.

The ruling means “the effort in the Wolf Memo to palpate the DACA program has been overturned,” said Karen Tumlin, a lawyer in the case and director of the Los Angeles-based Justice Action Center.

He said the ruling applies to more than one lakh people, including recent applicants and two-year renewal demands for protection under DACA.

“It’s really an expectation day for a lot of youth across the country,” Toomlin said.

Although President Donald Trump formally nominated Wolf for the job in the summer, Wolf has yet to receive a full vote in the Senate, as a “role”. Garaffis cited the Government Accountability Office, which wrote in a report to Congress in August that Wolf was the beneficiary of the “illegal order of succession”.

The judge described an illegitimate reshuffle of leadership chairs at the Department of Homeland Security, the agency responsible for immigration enforcement, for predicting Wolf’s leadership and for his predecessor, Kevin McLennan.

“Based on the plain text of the operative order of succession,” Garfice wrote in Saturday’s ruling, “neither Mr. McLennan nor, in turn, Mr. Wolf, have served as acting secretary, as acting secretary.” Were to do. An exercise of legal authority. “

The ruling is part of an ongoing case with DACA recipient Martine Jonathan Batala Vidal, serving as the lead plaintiff in a six-part case against Wolf and the Department of Homeland Security. The suit initially challenged Texas’ attempt to thwart DACA.

On Saturday, the National Immigration Law Center ruled on this Twitter: “victory!”

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