Federal judge says Chad Wolf 'likely' not legitimate DHS secretary, suspends new asylum policies


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.
New York Attorney General Letitia James, who joined 19 other state attorneys general and 10 cities and counties in challenging the asylum rules, welcomed the ruling. "Not only is this decision welcome news for asylum seekers who were unfairly targeted by the Trump administration, but the courts have now found that Chad Wolf has no authority at the Department of Homeland Security," James said.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Trump formally nominated Wolf as DHS secretary late last Thursday, after a DHS whistleblower alleged that Wolf and others worked to suppress information about Russian intervening to help President Trump in the upcoming election and downplay the threat of white supremacists. Wolf is unlikely to be confirmed before the election in any case, and all the policy changes he implemented in his 10 months as acting secretary are "in potential jeopardy amid legal challenges," The Associated Press reports.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Scottish hospitality shines at these 7 hotels
The Week Recommends Sleep well at these lovely inns across Scotland
By Catherine Garcia, The Week US Published
-
Scientists invent a solid carbon-negative building material
Under the radar Building CO2 into the buildings
By Devika Rao, The Week US Published
-
Crossword: April 1, 2025
The Week's daily crossword
By The Week Staff Published
-
Tesla Cybertrucks recalled over dislodging panels
Speed Read Almost every Cybertruck in the US has been recalled over a stainless steel panel that could fall off
By Justin Klawans, The Week US Published
-
Crafting emporium Joann is going out of business
Speed Read The 82-year-old fabric and crafts store will be closing all 800 of its stores
By Peter Weber, The Week US Published
-
Trump's China tariffs start after Canada, Mexico pauses
Speed Read The president paused his tariffs on America's closest neighbors after speaking to their leaders, but his import tax on Chinese goods has taken effect
By Peter Weber, The Week US Published
-
Chinese AI chatbot's rise slams US tech stocks
Speed Read The sudden popularity of a new AI chatbot from Chinese startup DeepSeek has sent U.S. tech stocks tumbling
By Peter Weber, The Week US Published
-
US port strike averted with tentative labor deal
Speed Read The strike could have shut down major ports from Texas to Maine
By Peter Weber, The Week US Published
-
Biden expected to block Japanese bid for US Steel
Speed Read The president is blocking the $14 billion acquisition of U.S. Steel by Japan's Nippon Steel, citing national security concerns
By Peter Weber, The Week US Published
-
Judges block $25B Kroger-Albertsons merger
Speed Read The proposed merger between the supermarket giants was stalled when judges overseeing two separate cases blocked the deal
By Peter Weber, The Week US Published
-
Rupert Murdoch loses 'Succession' court battle
Speed Read Murdoch wanted to give full control of his empire to son Lachlan, ensuring Fox News' right-wing editorial slant
By Peter Weber, The Week US Published