“In conclusion, the court concludes that plaintiffs are likely to demonstrate that McAleenan’s appointment (former Acting Secretary of State for Homeland Security Kevin) was invalid under the agency’s current order and therefore lacked power to determine the order of succession change to ensure Wolf’s installation as deputy secretary, “said Judge Paula Xinis in her 69-page decision.
Xinis also wrote that “Wolf, because he was acting secretary without authority, proclaimed the contested rules” beyond … authority “rather than” in accordance with the law. “
CNN has asked the department for a comment.
Last month, a coalition of 20 attorneys-general and 1
“The first rule would require asylum seekers to wait a year before applying for work permits and discourage many from even getting a permit. The second rule would remove the long-standing requirement that work permit applications be processed within 30 days must so that such requests are possible. ” sit untouched indefinitely, “said James’ office.
Court documents say the new rules took effect in late August.
Xinis noted that the DHS “completely bypassed these critical effects of the new rules” and “never wrestled with the fundamental implications of postponing or denying pre-approval for work.”
“A major restriction on work permit approval for bona fide asylum seekers will inevitably affect their ability to afford the costs of asylum, including hiring legal counsel,” Xinis wrote.
The order from Xinis only granted one to members of Casa de Maryland, Inc. (CASA) and the Asylum Seekers Advocacy Project (ASAP), two of the plaintiffs in the lawsuit whom the judge found “demonstrated associative status at this stage” injunction relief “both correct and necessary to avoid irreparable harm.”
The organizations have approximately 100,000 and 4,000 members, depending on the order of the judge.
James welcomed the verdict in a statement Monday, calling Wolf a man with no “authority and no business who presides over the acting secretary of Homeland Security.”
“Not only is this decision welcome news to asylum seekers wrongly attacked by the Trump administration, but the courts have now determined that Chad Wolf has no authority in the Department of Homeland Security,” she said.
This is a game changing story and will be updated.