Judge rules DACA suspension invalid, Homeland Security head in office illegally

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Chad Wolf took office unlawfully, says federal court judge, therefore could not suspend program that shields young people from deportation

A federal judge in New York has ruled that the acting secretary of the Department of Homeland Security, Chad Wolf, assumed his position unlawfully and has invalidated Wolf’s suspension of the Deferred Action for Childhood Arrivals (Daca) program, which shields young people from deportation.

“DHS failed to follow the order of succession as it was lawfully designated,” the 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.”

About 650,000 people are part of Daca, which allows young immigrants who were brought to the country as children to legally work and shields them from deportation.

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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