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Will This DHS Bootstrapping Work?

January 18, 2021 (1 min read)

Peter T. Gaynor, Acting DHS Sec., Jan. 12, 2021

"I hereby delegate to Chad F. Wolf, the Under Secretary for Strategy, Policy, and Plans, the authority of the Secretary: A. To review, approve or disapprove, and sign any regulatory action, including proposed rules, final rules, and significant notices, and to ratify any prior regulatory actions of the Department of Homeland Security. B. To approve waivers of laws, regulations, and other legal requirements to ensure expeditious construction of border barriers and roads. C. To establish and issue written documents, including but not limited to guidance documents, bulletins, and manuals, furthering policy goals. This delegation will remain in effect so long as Mr. Wolf is the Under Secretary for Strategy, Policy, and Plans, or until the earlier to occur of (1) the appointment of a Senate-confirmed Secretary for the Department of Homeland Security by the President of the United States; or (2) the express revocation of this delegation. ... "

Chad Wolf, DHS Under Secretary for Strategy, Policy and Plans, Jan. 12, 2021

"I am affirming and ratifying each of my delegable prior actions as Acting Secretary (see 5 U.S.C. § 3348(a)(2), (d)(2)), as limited below, and I am affirming and ratifying certain delegable actions taken by former Acting Secretary Kevin McAleenan (see id.) and one delegable action taken by U.S. Citizenship and Immigration Services (USCIS) Deputy Director for Policy, Joseph Edlow, as listed below, out of an abundance of caution because of a Government Accountability Office (GAO) opinion, see B-331650 (Comp. Gen., Aug. 14, 2020), and recent actions filed in federal court alleging that the November 8, 2019, order of succession issued by former Acting Secretary McAleenan was not valid. ... "