Acting Secretary of State for Homeland Security Chad Wolf looks up during the launch of a new initiative to combat the sexual exploitation of online children during a press conference at the Department of Justice in Washington, United States, on March 5, 2020.
Kevin Lemarque | Reuters
A federal judge in New York City said Saturday that Chad Wolf did not lawfully act as homeland security chief and as such his suspension from Protection for a class of migrants who were illegally brought to the United States as children is invalid.
The The US Supreme Court ruled in June that the Trump administration mistakenly tried to end protection under the Obama-era legislation known as DACA or Deferred Action for Childhood Arrivals. On July 28th, Wolf anyway DACA suspended pending review.
Homeland Security did not immediately respond to a request for comment.
Judge Nicholas Garaufis said court conferences would be held to work out details of his decision.
He concluded, “Wolf did not lawfully serve as the acting Minister for Homeland Security under the HSA [Homeland Security Act] when he issued the Wolf Memorandum, “the DACA suspended.
Karen Tumlin, attorney on the case and director of the Los Angeles-based Justice Action Center, said the verdict meant, “The efforts in the Wolf memo to core the DACA program have been canceled.”
She said the ruling applies to more than a million people, including newer applicants and those seeking a two-year extension for protection under DACA.
“This is really a hopeful day for many young people across the country,” said Tumlin.
Though President Donald Trump formally nominates Wolf for the job In the summer, Wolf has not yet received a full Senate vote and retains his role as “Acting.” Garaufis quoted the Government Accountability Office as saying in a report to Congress in August that Wolf was the beneficiary of an “invalid succession order.”
The judge described an illegitimate shuffling of leadership chairs in the Department of Homeland Security, the agency responsible for enforcing immigration laws, because of the plight of Wolf’s leadership and that of his predecessor. Kevin McAleenan.
“On the basis of the clear text of the operational succession order,” Garaufis wrote in Saturday’s decision, “neither Mr. McAleenan nor Mr. Wolf had the legal authority to act as acting secretary. Hence the Wolf Memorandum was not.” an exercise of legal authority. “
The ruling is part of an ongoing trial in which DACA beneficiary Martín Jonathan Batalla Vidal is the lead plaintiff in one case Six-plaintiff case against Wolf and the Department of Homeland Security. The lawsuit initially challenged an attempt by the state of Texas to thwart the DACA.
The National Immigration Law Center responded to the verdict dated Saturday Twitter: “VICTORY!”