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DHS 'ratifies' Acting Secretary's prior actions in response to GAO opinion

  1. Original Date Announced

    September 23, 2020

    Acting Secretary Wolf signs a "ratification" of delegable prior actions taken as Acting Secretary, in response to GAO opinion and litigation challenging order of succession under the Federal Vacancies Reform Act (FVRA). The "ratification" asserts that Acting Secretary Wolf properly assumed office pursuant to orders of succession issued by former Secretary Nielsen and Acting Secretary McAleenan. While the "ratification" applies to all prior actions taken by Acting Secretary Wolf from November 13, 2019 to September 10, 2020, it specifically references the USCIS fee rule, 85 FR 46788 (Aug. 3, 2020).

    [ID #1077]

    Acting Secretary Wolf Ratification Order
  2. Effective Date

    September 17, 2020
  3. Subsequent Trump and Court Action(s)

    • November 16, 2020

      DHS Issues Ratification of Actions Taken by Acting Secretary Chad Wolf

      Acting Secretary Wolf issues a second "ratification" of his prior actions on November 16, 2020.

      President Trump submitted Acting Secretary Wolf's nomination to the Senate on September 10, 2020. FEMA Administrator Gaynor then issued a revised order of succession, pursuant to the HSA, 6 U.S.C. 113(g)(2), on November 14, 2020. The second ratification followed the Gaynor order.

      View Document
    • November 25, 2020

      DHS Notice of Ratification Documents

      DHS publishes a notice in the Federal Register regarding two documents signed on 11/16/20 ratifying previous actions taken by Chad Wolf, Kevin McAleenan, and Joseph Edlow.

      View Document

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Enforcement Humanitarian
Agencies Affected: DHS

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