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Federal judge says new DACA rules are invalid

Acting Secretary of Homeland Security Chad Wolf testifies at his Senate Homeland Security and Governmental Affairs Committee confirmation hearing on September 23, 2020 in Washington, DC. (Photo by Greg Nash / POOL / AFP) (Photo by GREG NASH/POOL/AFP via Getty Images)

(CNN) — Chad Wolf was not legally serving as acting Homeland Security secretary when he signed rules limiting DACA applications and renewals, and those rules are now invalid, a federal judge ruled Saturday.

Wolf in July issued a memo saying that new applications for DACA, the Obama-era program that shields certain undocumented immigrants from deportation, would not be accepted and renewals would be limited to one year instead of two amid an ongoing review.

The Supreme Court blocked a Trump administration attempt to end the program and the memo sought to buy time while the administration decided its next steps.

Saturday’s ruling would be subject to appeal if the U.S. government chooses to do so.

There have been previous questions over the legality of Wolf’s appointment. The Trump administration has renewed a push to get Wolf confirmed before Inauguration Day; he is currently serving in an acting capacity.

The Government Accountability Office issued a report in August saying Wolf’s appointment was part of an invalid order of succession.

This is a breaking story and will be updated.

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