Judge: DHS head didn’t have authority to suspend DACA

Judge: DHS head didn’t have authority to suspend DACA


A federal judge in New York ruled Saturday that Acting Department of Homeland Security Secretary Chad Wolf assumed his position unlawfully, a determination that invalidated Wolf’s suspension of the Deferred Action for Childhood Arrivals program, which shields young people from deportation.

“DHS failed to follow the order of succession as it was lawfully designated,” US District Judge Nicholas Garaufis wrote. “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.”

Wolf issued a memorandum in July effectively suspending DACA, pending review by DHS. A month earlier, the US Supreme Court had ruled that President Donald Trump failed to follow rule-making procedures when he tried to end the program, but the justices kept a window open for him to try again.

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About 650,000 people are part of DACA, which allows young immigrants who were brought to the country as children to legally work

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