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.”