MALDEF LAWSUIT: WOLF DACA MEMO ILLEGAL MALDEF, SEPT. 3, 2020 BY THOMAS ESPARZA
"Chad Wolf is unlawfully serving as Acting Secretary of Homeland Security and therefore his memo placing new restrictions on DACA must be nullified, according to a federal lawsuit filed today. MALDEF (Mexican American Legal Defense and Educational Fund) and Munger, Tolles & Olson LLP filed the suit
“THE TRUMP ADMINISTRATION’S IRRESPONSIBLE GOVERNANCE HAS CONSEQUENCES UNDER OUR CONSTITUTIONsaid Thomas A. Saenz, MALDEF president and general counsel. “Trump’s refusal to nominate candidates to lead the Department of Homeland Security – even when his own party controls the Senate that must confirm such appointments – means that the punitive Wolf memorandum was unlawfully issued.”
Since 2012, DACA has granted two-year protection against deportation and work authorizations to hundreds of thousands of young undocumented immigrants who came to the United States as children. Attorneys argue that the Trump administration appointment violates the Federal Vacancies Reform Act (FVRA) and Homeland Security Act (HSA) because Wolf has exceeded the time allowed to serve as acting secretary and his appointment did not comply with the rules of succession set forth in the statutes.
THE FVRA ALLOWS ACTING OFFICIALS TO SERVE 210 DAYS BEFORE A PERMANENT CANDIDATE IS NOMINATED OR REJECTED BY THE SENATE. The act also spells out which officials in a department’s chain of command can be tapped to fill a vacancy. Wolf, who was appointed as acting head of the Department of Homeland Security (DHS) in November 2019 was not in the line of succession to be appointed, according to the lawsuit.
“OUR COUNTRY IS A NATION OF IMMIGRANTS AND DREAMERS.The young people who benefit from DACA go to the heart of that dream—they went to our schools, served in our military, and want nothing more than to contribute to the betterment of our communities,” said E. Martin Estrada, of Munger, Tolles & Olson. “Defendants’ efforts to undermine DACA misapprehend and distort core American principles, and, not surprisingly, were done without lawful authority.
WE ASK THAT THE COURT ENJOIN DEFENDANTS’ ILLEGAL ACTIONSWE ASK THAT THE COURT ENJOIN DEFENDANTS’ ILLEGAL ACTIONS AIMED AT RESTRICTING YOUNG PEOPLE FROM RECEIVING THE BENEFITS OF DACA.”
In August, the Government Accountability Office issued a report that concluded Wolf was one of two officials at DHS whose appointment violates the FVRA and HSA. That report notes that the administration improperly appointed officials beginning in 2019, when then-Sec. Kirstjen Nielsen was forced out.
And in March, a federal judge in Washington D.C. ruled that another Trump appointee, Kenneth T. Cuccinelli II, was unlawfully appointed to lead the United States Citizenship and Immigration Services.
Additionally, the complaint includes a statutory claim that challenges Wolf’s appointment and the way the memo’s directives were enforced.
TRUMPS LATEST ATTACK ON DACA IS WITHOUT FORCE OF LAW AND SHOULD BE SET ASIDE IMMEDIATELY“Chad Wolf has no legal authority to upend the lives of hundreds of thousands Dreamers living, learning, and working in the country that they call home.”
TALK TO A LAWYER-DACA IS NOT DEAD YET!1. TALK TO A LAWYER. Talk to an immigration lawyer as soon as possible. If you don 't have an immigration lawyer, find one at www.ailalawyer.org. You may be eligible for another type of status. Members of the American Immigration Lawyer’s Association (AILA) report that up to 30% of people screened for DACA were eligible for something better and more permanent. Before making any decisions which could impact your future status, speak to me, Thomas Esparza Jr..
2. DO NOT TALK TO A NOTARIO. Notaries are not lawyers and are not trained to fully understand the complex U. S. immigration system. Some notaries will take your money and give you bad advice. Protect yourself and your family by trusting a qualified immigration lawyer with your legal decisions.
3. DON'T GIVE UP. I stand with Dreamers. My team and I are fighting for you. Congress can pass a bill to offer a permanent way for those with DACA to stay in the United States.
Please speak with Thomas or his Legal Assistant to determine if there are other options to gain permanent residence, U Visa for victims of criminal offenses, provided 245i for all (or children of parents) who were properly registered to immigrate before 30 April 2001 right to immigrate to the US paying a fine even if they entered illegally, derivative priority dates, Western Hemisphere priority dates Studies of DACA beneficiaries have shown that 30% of them are eligible for some other form of relief.
Please stay safe during this pandemic. If I can help, please let me know. My dad used to say that a quitter never wins and a winner never quits. Do not quit. Stay safe and God Bless. Don't let the bastards get you down.