RELEASE: Victory For DACA Recipients
This evening’s ruling is an important victory for DACA recipients, and for the rule of law. As Judge Garaufis rightly recognized, Chad Wolf did not have the legal authority to serve as Acting Secretary of Homeland Security when he issued his DACA memo. This example is just one of many that highlights the Trump Administration’s willingness to use acting officials unlawfully in an effort to circumvent the Senate’s constitutionally assigned advice-and-consent role. There are ways to use acting officials lawfully to ensure that the executive branch can function properly while the Senate considers nominees, but today’s ruling is yet another reminder of how often the Trump Administration has chosen to use them unlawfully instead—in this instance, in service of its harmful anti-immigrant agenda.
Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.