On Nov. 15, the House Chairman of the Homeland Security Committee and acting Chairwoman of the Oversight and Reform Committee sent a letter to the Government Accountability Office. The letter requests a review of whether the Federal Vacancies and Reform Act was violated in the recently updated process of succession at the Department of Homeland Security. The document is available here and below.
Latest in Department of Homeland Security
Last week, the Department of Homeland Security (DHS) issued its final rule on custody of two groups of noncitizen children, establishing different procedures for the treatment of children accompanied by at least one parent at the border prior to arrest and “unaccompanied alien children” (UACs) who crossed the border and were arrested without a parent.
The last time I wrote about the Trump administration’s abuse of the Federal Vacancies Reform Act (FVRA) of 1998, I opened with Yogi Berra’s famous quip that “it’s like déjà vu all over again
President Trump continued his push for new restrictions on asylum seekers with his April 29 memorandum to the Department of Homeland Security (DHS) and the Justice Department. In the memo, Trump directed DHS to issue regulations that would bar work permits for asylum seekers who enter the United States unlawfully and—for the first time—charge a fee for applying for asylum.
Recently, Lawfare published a compelling article by leading former national security officials on the similarities between international terrorism and domestic terrorism, and the problems caused when governments seek to draw an overly rigid distinction between the two.
To quote Yogi Berra, “it’s like déjà vu all over again.” For at least the fourth time in just over two years, a dispute has arisen over the president’s authority to name “acting” agency heads under the Federal Vacancies Reform Act (FVRA) of 1998. This time around, the debate involves the Department of Homeland Security—and the resignation/firing/un-resignation/ ¯\_(ツ)_/¯ of Secretary Kirstjen Nielsen.
On Monday, Judge Richard Seeborg of the U.S. District Court for the Northern District of California granted a preliminary injuction of the Trump administration's Migrant Protection Protocols requiring non-Mexican migrants seeking asylum in the U.S. to be deported to Mexico while their request is processed. The injuction, issued in Innovation Law Lab et al, v. Nielsen, is scheduled to take effect on Friday, Apr. 12. The order is available in full here and below.
In May 2018, facing widespread outrage, the Department of Homeland Security (DHS) backed away from a proposal for machine learning technology to monitor immigrants continuously.
On Nov. 6, 2018—Election Day—the Office of the Director of National Intelligence released a joint statement, along with the Department of Homeland Security, the Department of Justice and the FBI, affirming their agencies' continued efforts to assist state and local election officials and to combat foreign influence efforts.