Judge: Acting Homeland Security Director Wolf Likely Serving in Role Unlawfully

Acting Homeland Security Secretary Chad Wolf.

By Steve Neavling

ticklethewire.com

Acting Homeland Security Secretary Chad Wolf is likely serving in his role unlawfully, a Maryland judge ruled said.

In the ruling, Judge Paula Xinis blocked the Trump administration’s new asylum restrictions because Wolf appears to lack the authority to introduce them, The Hill reports.

“In sum, the Court concludes that Plaintiffs are likely to demonstrate (former acting Homeland Security Secretary Kevin) McAleenan’s appointment was invalid under the agency’s applicable order of succession, and so he lacked the authority to amend the order of succession to ensure Wolf’s installation as Acting Secretary,” Xinis’ said in a 69-page ruling on Friday.

The judge’s decision comes a month after the Government Accountability Office determined that Wolf and Ken Cuccinelli, a senior official performing deputy secretary duties, were not appointed through a valid process and therefore aren’t legally qualified to hold their positions. The GAO said their appointments violated the laws detailing who can fill Senate-confirmed posts.

The White House has said it’s not acting on the findings.

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