Judge Says DHS Head Wasn’t Lawfully Serving When He Issued Memo Suspending DACA

Judge Says DHS Head Wasn’t Lawfully Serving When He Issued Memo Suspending DACA
Acting Secretary of Homeland Security Chad Wolf testifies at a Senate hearing in Washington on March 4, 2020. Charlotte Cuthbertson/The Epoch Times
Ivan Pentchoukov
Updated:

A federal judge in New York ruled on Nov. 14 that Acting Department of Homeland Security (DHS) Secretary Chad Wolf wasn’t lawfully serving in his role when he issued a memorandum suspending the Deferred Action for Childhood Arrivals (DACA) program, an Obama-era executive action that granted amnesty to illegal aliens who entered the United States illegally as minors.

“DHS failed to follow the order of succession as it was lawfully designated,” U.S. District Judge Nicholas Garaufis wrote in a 31-page opinion (pdf). “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.”
Ivan Pentchoukov
Ivan Pentchoukov
Author
Ivan is the national editor of The Epoch Times. He has reported for The Epoch Times on a variety of topics since 2011.
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