A federal judge in Maryland ruled Friday that because the courts will likely agree that acting Homeland Security Secretary Chad Wolf is serving in his position unlawfully, new asylum restrictions he enacted are "also 'in excess of ... authority,' and not 'in accordance with the law,'" CNN reported Monday night. The judge, Paula Xinis, suspended those restrictions on asylum seekers for two plaintiffs she found demonstrated standing in the case, Casa de Maryland Inc. (CASA) and Asylum Seeker Advocacy Project (ASAP).
The federal Government Accountability Office found last month that Wolf and his deputy, Ken Cuccinelli, were appointed in violation of the Vacancies Reform Act. Xinis read the law the same way the GAO did. "In sum, the court concludes that plaintiffs are likely to demonstrate (former acting Homeland Security Secretary Kevin) McAleenan's appointment was invalid under the agency's applicable order of succession, and so he lacked the authority to amend the order of succession to ensure Wolf's installation as acting secretary," she wrote.
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