November 13, 2019appointmentimmigration enforcementadministrative lawexecutive appointmentsgovernment accountabilityimmigrationgovernment accountabilityseparation of powers
Trump installs Chad Wolf as DHS acting secretary through succession order GAO later found unlawful
After Kevin McAleenan resigned as Acting DHS Secretary, Chad Wolf was installed through a succession order the GAO found did not comply with the Federal Vacancies Reform Act or the Homeland Security Act. GAO Report B-332249 (August 14, 2020) concluded Wolf was not lawfully serving. Ken Cuccinelli simultaneously served in an invalid capacity as Acting USCIS Director. Multiple federal courts vacated DHS rules signed by Wolf, including DACA rescission memos and MPP expansions, due to his unlawful appointment.