Federal Judge Nicholas Garafus, appointed by Bill Clinton has ruled that the acting DHS Secretary Chad Wolf was unlawfully appointed and has invalidated his suspension of the DACA program.
Garafus concluded “Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA [Homeland Security Act] when he issued the Wolf Memorandum” that suspended DACA.
Garaufis wrote in his ruling “Based on the plain text of the operative order of succession, neither Mr. McAleenan nor, in turn, Mr. Wolf, possessed statutory authority to serve as Acting Secretary. Therefore the Wolf Memorandum was not an exercise of legal authority.”
“This is really a hopeful day for a lot of young people across the country,” Karen Tumlin a lawyer for the Justice Action Center said.