Homeland security secretary, Chad Wolf, signed rules limiting protections included in the Obama-era DACA program. A federal judge ruled that those rules were invalid on November 14th, squandering the Donald Trump administration’s chance to address the program before his presidential run is over.
What We Know:
- In July of this year, Wolf issued a memo detailing new rules for DACA applicants. The memo said that new DACA applicants would no longer be accepted, and current DACA citizen renewals would only be for one year instead of two.
- There have been multiple questions about rather Wolf’s appointment is illegal because it did not properly follow the line of succession. In September, Judge Paula Xinis made a ruling that his appointment “was invalid under the agency’s applicable order of succession, and so he lacked the authority to amend the order of succession to ensure Wolf’s installation as Acting Secretary.” in a case handling Wolf’s attempt to enhance restrictions on asylum.
- On November 14th, Judge Nicholas Garaufis said, “Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA [Homeland Security Act] when he issued the Wolf Memorandum,” invalidating Wolf’s limitations on DACA protections.
- The department of homeland security has only had 2 out of 5 secretaries, John Kelly and Kirstjen Nielsen, confirmed by the senate. The secretaries remain under scrutiny but have not been removed.
The multiple secretaries in question will likely continue to act in their positions. Wolf is continuing his duties and even appointed two new members to the Homeland Security Advisory Council on November 12th.
