Judge suspends new asylum policies, saying DHS leader likely not legitimate

A federal judge in Maryland has ruled that Chad Wolf is likely unlawfully serving as acting Homeland Security secretary, so new asylum restrictions he enacted exceeded his authority and the law.

Judge Paula Xinis, in a 69-page ruling issued Friday, temporarily barred the Trump administration from enforcing the two asylum rules, which limit asylum seekers’ ability to legally seek work, while courts consider a lawsuit challenging them.

Editor's Notes
On March 26, 2015, President Obama nominated Xinis to serve as a United States District Judge of the United States District Court for the District of Maryland, to the seat vacated by Judge Deborah K. Chasanow, who took senior status on October 3, 2014. Her nomination was reported from the Senate Judiciary Committee on September 17, 2015, by voice vote. On May 16, 2016 the Senate confirmed her nomination by a vote of 53–34.

The federal Government Accountability Office found last month that Wolf and his deputy, Ken Cuccinelli, were appointed in violation of the Vacancies Reform Act.

President Trump tweeted last week that he would appoint Wolf to the job permanently, but the nomination is unlikely to be confirmed before the November election.

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