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Judge rules Chad Wolf likely unlawfully serving as Homeland Security secretary and temporarily block

Somerville

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Isn't America having 'fun' these days? In August, the GAO had released a statement that Wolf and his #2 were appointed in "an invalid order of succession", which of course the boys denied.

Judge rules Chad Wolf likely unlawfully serving as Homeland Security secretary and temporarily blocks some asylum restrictions

A federal judge in Maryland has ruled that Chad Wolf is likely unlawfully serving as acting secretary of the Department of Homeland Security and temporarily barred the Trump administration from enforcing new asylum restrictions on members of two immigration advocacy groups.

Judge Paula Xinis, in a 69-page ruling issued Friday, wrote that the two groups are "likely to demonstrate (former acting Homeland Security Secretary Kevin) McAleenan's 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."
Subsequently, Wolf didn't have the authority to impose the asylum rules that are being challenged, Xinis ruled. The new requirements, which court documents say took effect in late August, concern employment, and the case is ongoing.



Wolf has been the acting secretary since November 2019. The department has not had a confirmed secretary since April 2019 when former Secretary Kirstjen Nielsen was forced to resign. President Donald Trump last month announced that he would officially appoint Wolf to take over the role on a permanent basis, and his nomination was formally sent to the Senate last week.

One of the questions in this whole mess that too many have failed to ask: Why didn't the president send the nomination to the Senate in a more timely manner - like this past January?

The GAO statement, Aug 14, 2020
 
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