DACA policies made by illegally-appointed DHS head aren't legal, says Judge

Originally published at: https://boingboing.net/2020/11/16/daca-policies-made-by-illegally-appointed-dhs-head-arent-legal-says-judge.html


Chad and his boss Biff can both go f*ck themselves, sez judge.


not talking about anyone specific here, but you ever see a picture of a guy and think, “Jesus, this guy really needs a punch in the face.” just me? OK, thanks.


“…the Wolf Memorandum…”

Paging, Mr Ludlum.


Like, every picture of Eric, Don Jr., and Jared Kushner, ever?


The bad news: this ruling might mean that, if McConnell can keep blocking Biden’s cabinet appointments, at some point the Biden administration can’t function at all. A recent Slate article says that Biden’s best recourse to McConnell refusing to confirm the cabinet is to rely on “acting” appointments. But this ruling places severe restrictions on that strategy.

Here’s the Slate article: https://slate.com/news-and-politics/2020/11/mitch-mcconnell-cannot-veto-joe-biden-cabinet.html

“The Vacancies Act by presidents of both parties to ensure that the president actually gets to execute the duties of the office to which he was elected. President Donald Trump almost made a sport of using the act to appoint “acting” officials, including two in the current Cabinet. It allows a new president to choose from two groups of people to serve as “acting” secretaries: either any Senate-confirmed official (including dozens of sitting Democrats serving as commissioners at multimember agencies) or any senior civil servant who has served in that agency for 90 days and is paid at the GS-15 level or above. Acting Health and Human Services Secretary Anthony Fauci sounds good, right?”


I thought republicans were against “illegals” working in this country. Seems they’re ok with “illegals” running the Department of Homeland Security though. (Note: I don’t condone calling anyone “illegal”, just, you know, pointing out hypocrisy where I see it (which, as we all know, is everywhere a republican is)).


I do think that Chad Wolf is a uniquely different case from the other Acting Heads, in that he got his role through the line of succession … in other words, he inherited his Acting Directorship from another Acting Director.


Yeah, Chad Wolf isn’t the illegal acting Secretary of Homeland Security, he’s the undocumented acting Secretary of Homeland Security


Technically DACA isn’t a law but rather a policy put in place as a stopgap measure since the Republican-controlled congress wouldn’t allow actual legislation (like the DREAM Act) through under Obama. This ruling is still great news though.


Thanks! I’ve been looking for clarification on that and had the same concerns @liam665 mentioned about McConnell being able to completely obstruct everything. Most articles I’ve found have been rather vague about the specifics.


So the guy setting the rules for people without proper documentation of their authorization to live where they do was doing so without proper documentation of his authorization to work where he does?

Is that irony?


[sad trombone sound]

The thing is, with a number of these positions, Trump called them “acting heads,” but they weren’t, in fact. He simply appointed people (from outside the line of succession) without going through the legal confirmation process. He simply blatantly violated the law and called them “acting” heads, when they weren’t, to make it seem like it was legal. That everyone went along with this illegal ploy up until now is completely nuts.

Trump’s been engaging in various shenanigans with other “acting heads,” too - I imagine we’ll be seeing the acts of other “head” overturned as a result:


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