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Immigration Law

Breaking on Saturday: Court Says Wolf Lacked Authority to Suspend DACA

Batalla Vidal v. Wolf, Nov. 14, 2020

"On July 28, 2020, Defendant Chad F. Wolf issued a memorandum that effectively suspended DACA ... the court holds that Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security under the Homeland Security Act ("HSA") when he issued the July 28, 2020 memorandum. Plaintiffs' motions for summary judgment are therefore GRANTED as to their claims under the HSA, and Defendant's cross-motions are DENIED. ... The Gaynor Order did not make Mr. Wolf the lawful Acting Secretary of Homeland Security, and therefore, Mr. Wolf did not (and does not) possess the power to ratify any of his former actions."