x

Politics

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

November 15, 2020

NEW YORK — 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. 

RELATED

WASHINGTON — The Senate overwhelmingly approved a $40 billion infusion of military and economic aid for Ukraine and its allies on Thursday as both parties rallied behind America’s latest, and quite possibly not last, financial salvo against Russia’s invasion.

Top Stories

General News

FALMOUTH, MA – The police in Falmouth have identified the victim in an accident involving a car plunging into the ocean on February 20, NBC10 Boston reported.

General News

NEW YORK – Meropi Kyriacou, the new Principal of The Cathedral School in Manhattan, was honored as The National Herald’s Educator of the Year.

General News

PHILADELPHIA – The Federation of Hellenic Societies of Philadelphia and Greater Delaware Valley announced that the Evzones, the Presidential Guard of Greece will be participating in the Philadelphia Greek Independence Day Parade on March 20.

Video

Mission, TNH’s New Travel Documentary Series with Clelia Charissis (Trailer)

Every weekend, TNH and Clelia Charissis are on a mission, traveling around Greece and the world to highlight places through the people we meet along the way.

Enter your email address to subscribe

Provide your email address to subscribe. For e.g. abc@xyz.com

You may unsubscribe at any time using the link in our newsletter.