Trump admin again defies SCOTUS decision

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.
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.
https://www.nbcnews.com/news/us-new...-head-chad-wolf-unlawfully-appointed-n1247848

Federal judge rules acting DHS head Chad Wolf unlawfully appointed, invalidates DACA suspension
"This is really a hopeful day for a lot of young people across the country," said Karen Tumlin, a lawyer in the case and director of the Los Angeles-based Justice Action Center.

A federal judge in New York City on Saturday said Chad Wolf has not been acting lawfully as the chief of Homeland Security and that, as such, his suspension of protections for a class of migrants brought to the United States illegally as children is invalid.

The U.S. Supreme Court ruled in June that the Trump administration wrongly tried to shut down protections under the Obama-era legislation known as DACA, or Deferred Action for Childhood Arrivals. On July 28, Wolf nonetheless suspended DACA pending review.
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Who could've seen this coming?

https://www.washingtonpost.com/immi...254908-367a-11eb-8d38-6aea1adb3839_story.html

Federal judge restores DACA, orders DHS to accept first-time applications from immigrants

Thousands of undocumented immigrants brought to the United States as children are immediately eligible to apply for an Obama-era program that grants them work permits, a federal judge in New York ruled Friday.


U.S. District Judge Nicholas G. Garaufis in Brooklyn said he was fully restoring the eight-year-old Deferred Action for Childhood Arrivals, or DACA, program to the days before the Trump administration tried to end it in September 2017. He ordered the Department of Homeland Security to post a public notice by Monday to accept first-time applications and ensure that work permits are valid for two years.

Acting Homeland Security secretary Chad Wolf had issued a memo in July reducing DACA recipients’ work permits to one year, but Garaufis ruled last month that Wolf had unlawfully ascended to the agency’s top job and vacated the memo.

“The court believes that these additional remedies are reasonable,” Garaufis said. “Indeed, the government has assured the court that a public notice along the lines described is forthcoming.”

Advocates for immigrants cheered the long-awaited ruling, though they expected that President-elect Joe Biden would fully restore the DACA program as soon as he takes office in January, something he has pledged to do.

But the immigrants known as “dreamers” are not necessarily in the clear. Attorneys general in Texas and other states have asked a federal judge to declare DACA unlawful and to provide for an orderly wind down of it. A hearing in that case is scheduled for later this month.

Karen Tumlin, a lawyer for the immigrants in the case, cheered the New York judge’s ruling Friday. But she said the immigrants need Congress to pass a law that would grant them a firm path to citizenship.

“This is a day that DACA recipients and young people have waited for for far too long,” she said. “It’s a reminder, as always, that what we really need is a permanent solution.”

Approximately 640,000 immigrants are enrolled in the DACA program. The Center for American Progress, a think tank, estimates that at least 300,000 immigrants, including new high school graduates, have been shut out since the Trump administration stopped accepting applications in September 2017 as part of an effort to phase out the program.

An additional 65,800 immigrants had their work permits reduced to one year only.

DHS and Justice Department officials did not immediately respond to requests for comment after the ruling Friday.

Biden was vice president when President Barack Obama created the DACA program in 2012. Biden has called President Trump’s efforts to end it “cruel.”

Under the rules, immigrants who cleared a background check, pursued their studies and paid fees to obtain work permits could stay in the United States. Trump has called the program “illegal amnesty” and his administration has fought to phase it out by this year.

Garaufis, appointed by President Bill Clinton, was one of the first federal judges to block Trump from ending DACA.

Biden also has said he would push for a path to citizenship for DACA recipients and other undocumented immigrants. But getting a citizenship bill through what could be a Republican-held Senate will be difficult.
 
What about medicare?
if they have a taxable income, they will pay either self-employment tax or payroll tax. When they turn 65 they will start receiving medicare benefits. Assuming they are not kicked out of the country before then, and we steal their payroll taxes.
 
if they have a taxable income, they will pay either self-employment tax or payroll tax. When they turn 65 they will start receiving medicare benefits. Assuming they are not kicked out of the country before then, and we steal their payroll taxes.
the GOP game plan is self-deportation to steal those funds.
 
the GOP game plan is self-deportation to steal those funds.
That should concern all. I hope the next admin will be able to get Senate cooperation and put this DACA issue behind us with a fair and reasonable path to citizenship for all those that want it. Let move on to work on our real problems. Jan 5 is going to be almost as important as Nov. 3.
 
so now DHS/tax payer has to eat the cost to print new permits and get flooded w/delayed applicants. Good fucking going Chad:

• The #DACA program must return to how it was before the effort by the Trump administration's effort to end the program on Sept. 5, 2017.
• No later than Monday December 7, 2020 the federal government must post on all of its websites that it is accepting first-time DACA initial applications, renewal requests, and advance parole on the terms as they existed before September 5, 2017--when the Trump administration first tried to end #DACA
• This same notice must make clear that all 65,800 1-year #DACA grants and work authorizations issued after the unlawful Wolf memo will be extended to 2-years.
 
Donnie's thin skin got pricked again:
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https://www.cnbc.com/2021/01/07/trump-withdraws-chad-wolf-nomination-to-lead-homeland-security.html

Trump withdraws Chad Wolf nomination to lead Homeland Security hours after he urged president to condemn riot
PUBLISHED THU, JAN 7 202111:50 AM ESTUPDATED THU, JAN 7 202112:24 PM EST

Amanda Macias@AMANDA_M_MACIAS
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KEY POINTS
  • President Donald Trump has withdrawn his nomination of Chad Wolf to head the Department of Homeland Security, the White House announced Thursday.
  • The move from the president comes less than three hours after Wolf, who is the acting DHS secretary, urged Trump to “strongly condemn the violence” that unfolded at the U.S. Capitol on Wednesday.
  • Wolf called the events “tragic and sickening.”
 
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