On Friday, federal judge Paula Xinis ruled Chad Wolf is “likely unlawfully serving” as acting secretary of the Department of Homeland Security. In addition, the ruling also stopped the Trump administration from implementing new asylum restrictions.
The ruling stated that asylum restrictions 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.”
The case is ongoing and Wolf has yet to leave his position.
Alongside Wolf, Ken Cuccinelli also serves in one of the top leadership roles in the department and both appointments have come under fire by the public. Cuccinelli has not been removed from his position.
Earlier in the year, the Trump administration appealed a judge’s ruling that it was unlawful to appoint Cuccinelli to process immigration requests. The case is still proceeding.
Twenty states and ten cities have formed a coalition to argue the limitations on employment the new restrictions pose for asylum seekers.
New York Attorney General Letitia James explained, “The first rule would require asylum seekers to wait a year before applying for employment authorization, and bar many from obtaining authorization at all. The second rule would eliminate the longstanding requirement that employment authorization applications be processed within 30 days, thus allowing such applications to sit untouched indefinitely.”
