Monday, September 14, 2020
Law360 reports a Maryland federal judge held that acting Homeland Security Secretary Chad Wolf was likely illegally appointed. Consequently, the judge temporarily barred the DHS from enforcing new asylum restrictions on members of the advocacy organizations that challenged them.
The decision follows a GAO report suggesting several DHS leaders' appointments to acting positions circumvented the Vacancies Act and the usual nomination process that requires Senate confirmation. A lawsuit (Casa de Maryland v. Wofle) raises the same allegation as part of its challenge to the arbitrariness of asylum restrictions issued under Acting Secretary Wolfe.