NBC News reports that Judge Nicholas Garaufis, the Senior US District Judge in the Eastern District of New York, has ruled that recent DHS suspensions of DACA protections were illegal because the head of DHS is also illegal.
Chad Wolf, whose name and face both make him seem like the villain from a bad summer action movie, was named as the Acting Secretary for Homeland Security in November 2019, a role to which he was appointed by the previous Acting Secretary, James D. Nealon. In August 2020, the Government Accountability Office determined that a federal directorship cannot be passed down on order of succession when none of the people in that succession list have actually been legally appointed and hired to their positions with approval from the Senate.
"Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA when he issued the Wolf Memorandum [which suspended DACA]," said Judge Garaufis.
So, good news: illegal cops can't pass illegal laws! This time, at least.
Federal judge rules acting DHS head Chad Wolf unlawfully appointed, invalidates DACA suspension [Dennis Romero / NBC News]
Image: Rick Reinhard / Flickr (CC 2.0)