Federal Judge Rules New Policy Limiting DACA Is Invalid Because ‘Acting Secretary’ Wolf Was Appointed Unlawfully

On November 14, 2020, a federal judge ruled that a new policy limiting Deferred Action for Childhood Arrivals (DACA) applications and renewals is invalid because Chad Wolf was not legally serving as Acting Secretary of Homeland Security when he signed it on July 28, 2020.

The Wolf memorandum outlining the new policy, issued after the Supreme Court blocked the Trump administration’s attempt to end DACA, rescinded earlier DACA-related memoranda and directed Department of Homeland Security personnel “to reject all pending and future initial requests for DACA, to reject all pending and future applications for advance parole absent exceptional circumstances, and to shorten DACA renewals consistent with the parameters established in this memorandum.”

The U.S. government could appeal the ruling. Meanwhile, according to reports, the Trump administration is attempting to get Wolf confirmed as Secretary of Homeland Security before President-elect Biden is inaugurated on January 20, 2021. The U.S. Government Accountability Office and others also found Wolf’s appointment to be invalid as it failed to keep with the required order of succession.

Related Links:

• Court order
• “Federal Judge Says New DACA Rules Are Invalid,” CNN
• Wolf memorandum
• GAO report on the invalidity of Wolf’s appointment
• GAO reaffirmation of decision on Wolf’s appointment
• “Trump Administration to Review DACA and Reject New Applications,” CNN
• “Trump Administration Renews Push to Confirm Wolf Amid Concerns Over Legitimacy and Agency Purge.”