They need to hold Chad Wolf in contempt https://apnews.com/5b777a116e297c63b8ee83ba2119eebf Lawyer: All new DACA applications put in ‘pending’ bucket PHOENIX (AP) — The U.S. government said Friday that it’s putting new DACA applications in a “pending” bucket while officials decide whether to again try to end the program for young immigrants, keeping enrollment stalled even though the Supreme Court ruled last month that it was improperly ended. The latest came during a telephonic federal court hearing in Maryland by U.S. District Judge Paul W. Grimm, who last week ruled that the Deferred Action for Childhood Arrivals program must be restored to its original form, before President Donald Trump attempted to end it in September 2017. Immigrant advocates who sued the government over its attempt to end DACA say new rulings in the case, including the one by the Supreme Court, mean the government must resume accepting and considering first-time applications. U.S. Citizenship and Immigration Services had only been accepting renewals for DACA recipients who were already enrolled by Sept. 5, 2017.
Young immigrants? Don't you mean young illegal aliens in the USA illegally? Otherwise known as criminals? This country is already over-populated.
I think this is totally correct: Accept the new applicants, but place them on hold until DACA is settled, one way or the other. And for the record, I think the vast majority should be allowed to stay in this country and be given a path to citizenship.
The problem is that SCOTUS has ruled that DACA has to be reinstated in full until a new EO is issued cancelling it, or Congress gets its act together. USCIS doesn't just get to put people's lives on hold waiting on POTUS
I don't see that spelled out as a specific in the ruling... We do not decide whether DACA or its rescission are sound policies. “The wisdom” of those decisions “is none of our concern.” Chenery II, 332 U. S., at 207. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner. The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.
I won't lie, that read pretty sloppy. On one hand, Trump's EO was deemed to have violated the APA so was struck down, meaning by default Obama's EO should be the default reversion to normal. On the other hand the highlighted text sort of hints that's it's at DHS discretion. Problem is, it can't be at their discretion as Obama's EO is still the law of the land until a new EO is issued. In any case, it's been revealed that the WH is re-writing their EO to limit DACA to 1 year so that explains the delay. I think it opens the admins to lawsuits if they uphold new applicants to the EO that isn't even in place yet and not Obama's EO.
What part of the word illegal don't these retrogrades understand? https://slate.com/news-and-politics/2020/07/daca-donald-trump-supreme-court.html
https://news.yahoo.com/gao-finds-chad-wolf-ken-140423909.html?ncid=twitter_yahoonewst_sjwumo1bpf4 GAO finds Chad Wolf, Ken Cuccinelli are ineligible to serve in their top DHS roles Acting Homeland Security Secretary Chad Wolf and Acting Deputy Secretary Ken Cuccinelli were invalidly appointed to their positions and are ineligible to serve, a congressional watchdog determined Friday. The Government Accountability Office — Congress' independent investigative arm — concluded that after the resignation of Secretary Kirstjen Nielsen in April 2019, an improper succession occurred, with Kevin McAleenan taking on the position. McAleenan then altered the order of succession for other officials to succeed him after his departure. "Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession,” GAO's general counsel Thomas Armstrong concluded. GAO has referred the matter to the inspector general of the Department of Homeland Security for further review and potential action. The office also urged the inspector general to consider the consequences of actions taken by invalidly appointed officials. A DHS spokesman said the department plans to issue a formal response shortly. "We wholeheartedly disagree with the GAO’s baseless report,” the spokesman said. The legal opinion has no binding force but is likely to raise extraordinary legal questions and invite lawsuits about the legitimacy of actions taken by Wolf and Cuccinelli, a conservative immigration hard-liner. GAO says it did not review the validity, leaving the question to the inspector general for consideration. The GAO opinion was issued at the request of House Homeland Security Committee Chairman Bennie Thompson (D-Miss.) and House Oversight Committee Chairwoman Carolyn Maloney (D-N.Y.), who urged the inspector general to "immediately and swiftly review the legality of actions – which span 16 months – taken by these officials." They also called for Wolf to resign his position and revert to his previously Senate-confirmed role as undersecretary for strategy. And they demanded that Cuccinelli resign entirely. It's not the first time that Cuccinelli has faced questions about the lawfulness of his appointment. A federal judge ruled in March that he was invalidly appointed to his role as acting director of U.S. Citizenship and Immigration Services, a ruling that blocked two policies he had implemented at the time. Trump hasn't nominated Cuccinelli for either of the two top DHS jobs he has held, a prospect likely to meet resistance among Senate Republicans who have clashed with Cuccinelli in the past. The decision appears to boil down to a procedural error by DHS. The day before she resigned on April 10, 2019, Nielsen sought to amend the order of succession to provide for McAleenan to succeed her. However, GAO found that the department only changed the succession order for vacancies that result when the secretary is unavailable to serve due to a disaster or catastrophe. The order of succession resulting from a resignation remained unchanged, GAO found, and that order did not provide for McAleenan to take over. Therefore, after Nielsen's resignation, the law required that the director of the Cybersecurity and Infrastructure Security Agency succeed her, GAO found. But instead, President Donald Trump elevated McAleenan, the head of Customs and Border Protection, to the position. McAleenan then altered the order of succession, providing for Wolf and Cuccinelli's path to the top jobs. DHS attempted to argue that Nielsen had intended to nominate McAleenan as her successor upon resignation and, in a letter to GAO, argued that this intention was clear and legally valid. But GAO said the letter failed to address the "plain language" of the changes that Nielsen made. “When Secretary Nielsen issued the April Delegation, she only amended Annex A, placing the Commissioner of U.S. Customs and Border Protection as the next position in the order of succession in cases of the Secretary’s unavailability to act during a disaster or catastrophic emergency," GAO found.