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

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


NEW YORK (AP) – 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,” U.S. 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.”

Karen Tumlin, an attorney who represented a plaintiff in one of two lawsuits that challenged Wolf’s authority, called the ruling “another win for DACA recipients and those who have been waiting years to apply for the program for the first time.”

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Wolf issued a memorandum in July effectively suspending DACA, pending review by DHS. A month earlier, the U.S. Supreme Court had ruled that President Donald Trump failed

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