Judge Nicholas G. Garaufis, a Clinton appointee, ruled over the weekend that the administration’s latest attempt to curb the Obama-era DACA amnesty program was not legally sound as Chad Wolf is illegally serving as the acting secretary of the Department of Homeland Security.
After the Supreme Court of the U.S. ruled in June that the Administration did not follow all procedural steps in their attempt to end the program, Acting Secretary Wolf released a new policy in compliance with their decision, most importantly blocking new applications and limiting renewals to just a year.
“The court holds that Mr. Wolf was not lawfully serving as acting secretary. of Homeland Security under the Homeland Security Act … when he issued the July 28, 2020 memorandum,” the judge wrote.
The Washington Times reports, “Mr. Wolf’s status has been the subject of a long-running legal saga. Judge Garaufis is the latest to weigh in, siding with the Government Accountability Office and some other courts in finding he’s not properly serving. Yet another court, however, has ruled that Mr. Wolf is secretary.”
Judge Garaufis states that the initial problem arose when President Trump ousted Secretary Kirstjen Nielsen as Secretary of DHS and tapped Kevin McAleenan to lead the department in an Acting role. McAleenan then re-wrote the chain of succession allowing for Chad Wolf to assume the Acting Sec. role.
The Washington Times reports:
Homeland Security contends that Ms. Nielsen clearly designated Mr. McAleenan and that it was a legal move under the Homeland Security Act, so he was properly serving — and could then write the new rules of succession making Mr. Wolf’s appointment also legitimate.
Besides, the person Judge Garaufis said should be serving — Peter Gaynor, head of the Federal Emergency Management Agency — issued a directive confirming Mr. Wolf holds the secretary’s powers. Judge Garaufis called that a “sham.”
The judge also invited lawyers to submit “motions for relief [benefits] in light of the court’s decision.” The lawyers will ask the judge to add the one million aliens to the amnesty program.
If higher judges uphold this decision, more than one million younger illegals could get work permits via the 2012 DACA rule — even though tens of millions of Americans now lack jobs or must work for low wages amid a flood of legal immigrant and illegal migrant labor.
DACA grants a deferred legal status, work permits, and some taxpayer benefits to illegal aliens who came to the U.S. as juveniles, have made efforts to get an education, and have kept a relatively clean criminal history.
Joe Biden has said he will reverse President Trump’s attempts to rescind the program as soon as he takes office, restoring the program to its original form.
For the complete story, please visit the Washington Times.
Updated: Mon, Nov 30th 2020 @ 3:00pm EST