According to the National Broadcasting Corporation (NBC) report on the 15th, previously, President Trump formally nominated Chad Wolf as Secretary of Homeland Security on September 10, 2020. On Saturday local time, a federal judge in New York City ruled that the appointment of Secretary of Homeland Security Wolff was “illegal.” This ruling invalidated Wolf’s suspension of the Deferred Repatriation of Childhood Arrivals (DACA) program.
According to the report, the DACA plan is an immigration policy of the United States. It was launched by the former President Obama in 2012 and the Trump administration announced the abolition of the plan in September 2017. But the U.S. Supreme Court ruled that the Trump administration failed to follow the rule-making process when it tried to end the plan. On July 28 this year, Wolfe appointed by Trump suspended this plan.
Nowadays, whether Wolff has such statutory authority is controversial.
Judge Nicholas Garaufis (Nicholas Garaufis) concluded: “When Wolfe issued the’Wolf Memorandum’ to suspend DACA, he had not legally served as the Department of Homeland Security under the Homeland Security Act (HSA). The position of acting minister.”
Galluffes determined in the ruling that the Department of Homeland Security did not follow the legally designated order of succession, so Wolfe did not have the legal power to act as acting minister, and the “Wolf Memorandum” was not exercising legal power.
The judge also said that the senior officials of the Department of Homeland Security had “illegal shuffled cards” when they changed their positions.
The Department of Homeland Security stated that after President Trump formally nominated Wolfe as Secretary of the Department of Homeland Security on September 10, the Federal Emergency Management Agency (FEMA) Director Peter Gaynor (Peter Gaynor) under the Federal Vacancy Reform Act (FVRA) was designated as the Acting Secretary of Homeland Security.
According to a memorandum submitted by the Department of Homeland Security for the Eastern District of New York (EDNY) on October 7, after Gaynor became acting secretary, he exercised his power to designate a new succession order. According to this sequence, as the Deputy Secretary of Homeland Security confirmed by the Senate in charge of strategy, policy, and planning, Wolf will immediately begin acting as the acting minister.
However, the Department of Homeland Security told the court that before President Trump officially submitted Wolf’s name to the Senate for consideration for him as the Secretary of Homeland Security, Gaynor may have signed the latest order to modify the succession order. He himself called this mistake an “inadvertent factual error . “
A letter from the Department of Homeland Security to Judge Garauffis reads: “However, late last night (Thursday, November 12, 2020), the Department of Homeland Security informed the Department of Justice that it has learned that Mr. Gaynor in September 2020 The succession order signed on the 10th may have been signed about an hour before Mr. Wolf’s nomination was formally submitted to the Senate.”
According to the report, if it is true, it means that Guynow’s order to authorize Wolfe to take office is invalid, because according to the law, Guynow did not have the power to sign a new succession order for the Department of Homeland Security.