Brianne Gorod is chief counsel for the Constitutional Accountability Center, one of the groups representing ASISTA. She said that, based on time limits established in the Federal Vacancies Reform Act, the president has exhausted his legal authority to place temporary, acting directors at the helm of ICE.
Rule of Law
Advocates In Conn. Sue ICE, Claiming Agency’s Acting-Director Is Serving Illegally
A lawsuit filed Thursday in Connecticut’s U.S. District Court alleges the Trump administration’s acting director of U.S. Immigration and Customs Enforcement (ICE), Matthew Albence, is illegally serving in that position and, therefore, some enforcement changes enacted under his authority are unlawful.
Lawyers on behalf of Suffield, Conn., based-ASISTA Immigration Assistance say federal law requires the director of ICE be confirmed by the U.S. Senate. It’s been more than three years since the agency was led by a Senate-confirmed director.
“Matthew Albence was not allowed to be acting director of ICE after August 1, 2019, based on the explicit limits set out in the Federal Vacancies Reform Act. But, not withstanding that, he continued purporting to be the acting director of ICE and he continued taking official actions under the authority of that office,” Gorod said.
According to the reform act, the office of ICE director can be filled by an acting official for up to 210 days after a presidential nomination is either rejected, withdrawn or returned by the Senate. This 210-day extension may be applied twice before mandating a permanent, Senate-confirmed leader take the helm of the agency. The second extension period ended on August 1, 2019, while Albence continued to serve as an acting director, a position he holds today.
A spokesperson for ICE declined to comment on the suit.
The suit specifically challenges a revision announced by ICE on Aug. 2, 2019, which alters the way U visa applicants request protection from deportation. Some victims of crime who are in the U.S. without proper documentation and cooperate with law enforcement investigations are able to apply for legal status in the country through the U visa program. But advocates say the wait is often years long and applicants generally are not safe from removal proceedings during that time period.
###
More from Rule of Law
July 25, 2024
USA: ‘The framers of the constitution envisioned an accountable president, not a king above the law’
CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact...
July 19, 2024
US Supreme Court is making it harder to sue – even for conservatives
July 19 (Reuters) - Over its past two terms, the U.S. Supreme Court has put an end...
July 18, 2024
RELEASE: Sixth Circuit Panel Grapples with Effect of Supreme Court’s Loper Bright Decision on Title X Regulation
WASHINGTON, DC – Following oral argument at the U.S. Court of Appeals for the Sixth...
July 17, 2024
Family Planning Fight Poised to Test Scope of Chevron Rollback
Justices made clear prior Chevron-based decisions would stand Interpretations of ambiguous laws no longer given deference...
July 15, 2024
Not Above the Law Coalition On Judge Cannon Inappropriately Dismissing Classified Documents Case Against Trump
WASHINGTON — Today, following reports that Judge Aileen Cannon dismissed the classified documents case against...
July 15, 2024
Federal judge dismisses Trump classified documents criminal case
MILWAUKEE — The federal classified documents case against former President Donald Trump was dismissed Monday...