“In addition, the court concluded that the plaintiff was likely to make representations (former Acting Homeland Security Secretary Kevin) that the appointment of McClellan was invalid under the applicable order of the agency’s successor, and therefore had the authority to ensure Wolf’s installation. Acting Secretary, “said Judge Paula Genis in his 69-page judgment.
Janice also wrote that “by extension, as Wolfe took on the role of acting secretary without authority, he also declared the challenged rules to be ‘more than right …’ and ‘not in accordance with the law’.”
CNN has reached out to the department to comment.
The primary discovery that Wolf is illegally serving in his position came as part of a temporary blockade of the two rules of asylum when a lawsuit against those rules is heard. The case is ongoing.
“We don’t really agree with what the GAO has done,” Wolf told CNN’s Jack Tapper at the time.
Wolf has been acting secretary since November 2019. The department has not had a confirmation secretary since April 2019, when former department secretary Kirstjen Nielsen was forced to resign.
Wolf is at the forefront of issues such as immigration, civil unrest and the coronavirus epidemic response and, consequently, is under criticism for its actions. During Wolfe’s tenure, the department has been marked by a fight with New York over global entry, focusing on the border wall, and more recently, by federal officials in Portland, Reg Reagan, in protest of local authorities.
Last month, a coalition of 20 state attorney generals and 10 cities and counties challenged the Trump administration’s new rules, arguing they had limited access to employment authorization for asylum seekers, according to a statement from New York Attorney General Letia James.
“According to the first rule, asylum seekers have to wait one year before applying for employment authorization, and many are not allowed to get authorization. The second rule eliminates the need to process applications for employment authorization within days, thus allowing such applications. “Sit untouchable indefinitely,” James’s office fee said.
Court documents state the new rules came into force in late August.
Genius found out that the D.H.S. “This serious effect of the new rules is completely sidelined” and “never wrestled with the fundamental effects of suspending or denying work authority in advance.”
“Restricting work authorization approvals for Bona Feed Assililes will inevitably have an impact on their ability to afford asylum costs, including the recruitment of legal counsel,” Zinis wrote.
Only Casa de Maryland, Inc. Only members of the CASA and the Asylum Seeker Advocacy Project (ASAP) have been granted relief, against which two plaintiffs or a judge in the lawsuit “showed an organized standing at this stage”. Relief “both appropriate and necessary to avoid unwanted damage.”
Institutions have about 100,000 and 4,000 members as per the judge’s order.
James welcomed the verdict in a statement Monday, saying Wolf had “no right to sit in the chair of the acting secretary of homeland security and no business.”
He said the decision is not only welcome news for asylum seekers unfairly targeted by the Trump administration, but the courts have now found that Chad Wolf has no rights in the Homeland Security Department.
The story was updated on Monday with additional information.
CNN’s Geneva Sands, Priscilla Alvarez and Betsy Klein contributed to this report.
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