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Judge says acting DHS secretary appointment unlawful, invalidates DACA suspension
The Hill ^ | November 14, 2020 | Jordan Williams

Posted on 11/14/2020 6:35:49 PM PST by be-baw

A federal judge ruled on Saturday that acting Department of Homeland Security (DHS) Secretary Chad Wolf was unlawfully appointed, thus invalidating his suspension of the Deferred Action on Childhood Arrivals (DACA) program.

NBC News reported that Judge Nicholas Garafus ruled that “Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA [Homeland Security Act] when he issued the Wolf Memorandum" suspending the Obama-era program.

...

The Government Accountability Office found in August that McAleenan had not been designated in the order of succession to replace former Homeland Security Secretary Kristjen Nielsen and therefore could not legally alter the order of succession at DHS.

"Based on the plain text of the operative order of succession," Garaufis wrote according to NBC, "neither Mr. McAleenan nor, in turn, Mr. Wolf, possessed statutory authority to serve as Acting Secretary. Therefore the Wolf Memorandum was not an exercise of legal authority."

(Excerpt) Read more at thehill.com ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: aliens; daca; dads; dhs; ednewyork; immigration; judiciary; nicholasgarafus; nicholasgaraufis; politicaljudiciary; rapinbilljudge; seniormomentjudge; toadjudge; trump; tyrantjudge

1 posted on 11/14/2020 6:35:49 PM PST by be-baw
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To: be-baw

Judges, ropes, and trees; a recipe for freedom.


2 posted on 11/14/2020 6:37:59 PM PST by wildcard_redneck (COVID lockdowns are the EstablishmentÂ’s attack on the middle class and our Republic)
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To: be-baw

Just in time for Biden.


3 posted on 11/14/2020 6:38:31 PM PST by White Lives Matter
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To: wildcard_redneck

Don’t forget tar and feathers too.


4 posted on 11/14/2020 6:41:08 PM PST by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: be-baw

Rescinding the order so biden will not have to.


5 posted on 11/14/2020 6:41:11 PM PST by citizen (Here's)
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To: be-baw

No big loss. Fire Wolf and Krebs and the whole gang of idiots.


6 posted on 11/14/2020 6:41:20 PM PST by rfp1234 (Caveat Emperor)
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To: be-baw

No big loss. Fire Wolf and Krebs and the whole gang of idiots.


7 posted on 11/14/2020 6:41:21 PM PST by rfp1234 (Caveat Emperor)
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To: be-baw

The aggressive play is to put the judge in jail. The less aggressive play is to simply ignore the judge. Rule by judges is not part of our system or heritage.


8 posted on 11/14/2020 6:41:52 PM PST by cdcdawg (Turn off Fox!! You can do it!)
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To: be-baw

WTH? I MEAN WTFH!!!


9 posted on 11/14/2020 6:42:46 PM PST by lastchance (Credo.)
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To: be-baw

DACA died March 5, 2018


10 posted on 11/14/2020 6:44:14 PM PST by butlerweave
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To: be-baw

Actually, find the idiot that made this recommendation Trump followed, and fire them. Surely they have enough attorneys, smart attorneys to figure out how to do these things correct the first time?


11 posted on 11/14/2020 6:45:04 PM PST by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Workers)
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To: be-baw

Funny how the left always finds a way to invalidate the law only to their advantage on the flimsiest of excuses, while we cannot make any progress on enforcing explicit voting laws ...


12 posted on 11/14/2020 6:47:39 PM PST by SecondAmendment (This just proves my latest theory ... LEFTISTS RUIN EVERYTHING)
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To: All

Jail for judges, sic, like this. Treason is, treason does.


13 posted on 11/14/2020 6:56:49 PM PST by veracious (UN=OIC=Islam; USgov may be radically changed, just amend USConstitution)
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To: be-baw

Fine. The DACA program is then retroactively and prospectively suspended by the next acting Director of DHS whose name is Donald John Trump. Any questions your honor?


14 posted on 11/14/2020 6:59:14 PM PST by Hostage (Article V)
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Wait, wasn’t DACA illegal?


15 posted on 11/14/2020 7:01:37 PM PST by proust (Justice delayed is injustice.)
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To: be-baw

Another Bill Clinton trash...grrrrr


16 posted on 11/14/2020 7:47:47 PM PST by Patriot Babe
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To: Patriot Babe

Further proof (as if more is needed) that many judges aren’t fit to be emptying trash cans.


17 posted on 11/15/2020 8:19:46 AM PST by hal ogen (First Amendment or Reeducation Camp??)
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To: be-baw
This Rapin Bill Clinton "judge" is another of the rancid decrepit toad-judges who latch onto a federal case and spew phony "rulings" about it until they're carried out of their courtroom feet first. He's 72 years old, so he might be vomiting garbage "opinions" about the phony DACA memorandum [yes, it's just an effing "memo" issued by Janet Napolitano - not an executive order by the Kenyan punk] for a while.

Peanut Boy "judge" Dickinson Debevoise kept the "consent decree" case against his Republican enemies alive for 33 years, till that poisonous old toad croaked in 2015.

18 posted on 11/15/2020 10:19:08 AM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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