“Overall, the Court concludes that the plaintiffs are likely to demonstrate (former Secretary of State Secretary Kevin) McAleenan’s appointment was invalid under the agency’s current order and therefore he lacked the authority to change the order to ensure Wolf’s installation as Acting Secretary,” he said. Judge Paula Xini ’69’s decision.
Xinis also wrote that “by extension, because Wolf filled the role of acting secretary without authority, he also proclaimed the challenged rules” beyond … authority “and not” in accordance with the law. ” “”
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Last month, a coalition of 20 state attorneys and 10 cities and counties challenged the Trump administration’s new rules, which they argued restricted access to employment permits for asylum seekers, according to a statement from New York Attorney General Letitia James’ office.
“The first rule would require asylum seekers to wait one year before applying for an employment permit, and prevent many from obtaining a permit at all. The second rule would remove the long-standing requirement that applications for employment be processed within 30 days, whereby such applications sit untouched indefinitely, ”said James’ office.
Legal documents indicate that the new rules came into force at the end of August.
Xinis found that DHS “completely surpassed this critical impact of the new rules” and “never struggled with the fundamental consequences of postponing or refusing prior work permits.”
“A significant restriction on the approval of work permits for bona fide asylum seekers will inevitably affect their ability to pay the costs of seeking asylum, including the employment of lawyers,” Xinis wrote.
Xinis’ order only granted injunctions against members of Casa de Maryland, Inc. (CASA) and the Asylum Seeker Advocacy Project (ASAP), two of the plaintiff’s plaintiffs whom the judge found to have “demonstrated associational status at this stage” and found relief “both correct and necessary to avoid irreparable harm.”
The organizations each have 100,000 and 4,000 members according to the judge’s order.
James welcomed the decision in a statement Monday, calling Wolf a man with “no authority and no business sitting in the chair of the acting secretary of Homeland Security.”
“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 over the Department of Homeland Security,” she said.
This is a groundbreaking story and will be updated.