Chad Wolf was not legally serving as acting Homeland Security secretary when he signed rules limiting DACA applications and renewals, a federal judge ruled
Saturday’s ruling would be subject to appeal if the US government chooses to do so.
In the past week, Homeland Security officials spoke to Senate Majority Leader Mitch McConnell’s office about bringing the nomination to a floor vote in the coming weeks — a move seemingly acknowledging both a forthcoming change in administrations and criticism that Wolf’s appointment was invalid.
Over the course of Donald Trump’s presidency, DHS — the third-largest federal department — has had five secretaries, only two of whom have been confirmed by the Senate, and has run into a flurry of questions over the legitimacy and authority of those leading in acting capacities.
Without confirmation, Wolf’s appointment — and policies rolled out during his tenure — will continue to face questions.
McConnell spokesman Doug Andres told CNN on Thursday that there are no scheduling updates or guidance “at the moment” in regards to his confirmation.
This story has been updated.
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