Federal Court Rules Acting DHS Head Was Unlawfully Appointed, Invalidates His Action On DACA Protections

NBC News reports:

A federal judge in New York City on Saturday said Chad Wolf has not been acting lawfully as the chief of Homeland Security and that, as such, his suspension of protections for a class of migrants brought to the United States illegally as children is invalid.

The U.S. Supreme Court ruled in June that the Trump administration wrongly tried to shut down protections under the Obama-era legislation known as DACA, or Deferred Action for Childhood Arrivals. On July 28, Wolf nonetheless suspended DACA pending review.

Karen Tumlin, a lawyer in the case and director of the Los Angeles-based Justice Action Center, said the ruling means, “the effort in the Wolf memo to gut the DACA program is overturned.” She said the ruling applies to more than a million people, including more recent applicants and those seeking two-year renewals for protection under DACA.

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? VICTORY! A Brooklyn court ruled in our case with @MaketheRoadNY and @WIRACYls on DACA that Chad Wolf was not lawfully serving, and his memo was not lawfully issued. We are still reading the opinion and will provide more details soon.

— National Immigration Law Center (@NILC) November 14, 2020

BREAKING: U.S. federal judge rules that acting DHS head Chad Wolf unlawfully appointed, invalidates DACA suspension. https://t.co/981LaH34YK

— MSNBC (@MSNBC) November 14, 2020