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<ul class="summary-list"><li>The acting secretary of the <keyword id="134917" type="ORGANIZATION" weightage="60" keywordseo="department-of-homeland-security">Department of Homeland Security</keyword>, <keyword id="9594193" type="UNKNOWN" weightage="60" keywordseo="chad-wolf">Chad Wolf</keyword>, assumed his position unlawfully, a federal judge in New York ruled Saturday.</li><li>The ruling means that Wolf's suspension of the Obama-era Deferred Action for Childhood Arrivals program has been invalidated.</li><li>The judge ruled that DHS didn't follow an order of succession established when then-Secretary Kirstjen Nielsen resigned in April 2019.</li></ul>NEW YORK (AP) — A federal judge in New York ruled Saturday that Acting Department of Homeland Security Secretary Chad Wolf assumed his position unlawfully, a determination that invalidated Wolf's suspension of the Deferred Action for Childhood Arrivals program, which shields young people from deportation."DHS failed to follow the order of succession as it was lawfully designated," US District Judge <keyword id="4212200" type="PERSON" weightage="60" keywordseo="nicholas-garaufis">Nicholas Garaufis</keyword> wrote. "Therefore, the actions taken by purported Acting Secretaries, who were not properly in their roles according to the lawful order of succession, were taken without legal authority."Karen Tumlin, an attorney who represented a plaintiff in one of two lawsuits that challenged Wolf's authority, called the ruling "another win for <keyword id="2382465" type="PERSON" weightage="60" keywordseo="DACA">DACA</keyword> recipients and those who have been waiting years to apply for the program for the first time."Wolf issued a memorandum in July effectively suspending DACA, pending review by DHS. A month earlier, the US Supreme Court had ruled that President Donald Trump failed to follow rule-making procedures when he tried to end the program, but the justices kept a window open for him to try again.In August, the Government Accountability Office, a bipartisan congressional watchdog, said Wolf and his acting deputy, Ken Cuccinelli, were improperly serving and <a href="https://apnews.com/article/ap-top-news-politics-immigration-25347f25d17b9d798f29522a7b7296b2">ineligible to run the agency</a> under the Vacancies Reform Act. The two have been at the forefront of administration initiatives on <keyword id="50403" type="ORGANIZATION" weightage="60" keywordseo="Immigration">immigration</keyword> and law enforcement.In Garaufis' ruling Saturday, the judge wrote that DHS didn't follow an order of succession established when then-Secretary Kirstjen Nielsen resigned in April 2019.DHS did not immediately respond to a request for comment on the ruling.

Trump's acting DHS secretary was unlawfully appointed and didn't have the authority to suspend DACA, a federal judge ruled

<ul class="summary-list"><li>On Friday, US District Judge Nicholas G. Garaufis ruled that he was restoring the Deferred Action for Childhood Arrivals program.</li><li>The decision provides immediate relief for at least 640,000 <keyword id="2382465" type="PERSON" weightage="60" keywordseo="DACA">DACA</keyword> recipients and potential new applicants.</li><li>However, it could be appealed by the Justice Department before Trump leaves office in January.</li><li>Karen Tumlin, a lawyer for the immigrants represented in Brooklyn, <a href="https://www.washingtonpost.com/immigration/daca-restored-dreamers/2020/12/04/37254908-367a-11eb-8d38-6aea1adb3839_story.html">told</a> The Washington Post. "This is a day that DACA recipients and young people have waited for, for far too long."</li></ul>On Friday, US District Judge Nicholas G. Garaufis <a href="https://www.washingtonpost.com/immigration/daca-restored-dreamers/2020/12/04/37254908-367a-11eb-8d38-6aea1adb3839_story.html">ruled</a> that he was restoring the Deferred Action for Childhood Arrivals program, an Obama-era program that creates eligibility for undocumented immigrants brought to the US as children to apply for and secure work permits, or Dreamers. The Trump administration attempted to end the program in September 2017, and today's decision deals a blow to his administration's hardline <keyword id="50403" type="ORGANIZATION" weightage="60" keywordseo="Immigration">immigration</keyword> strategy. Garaufis also ordered the Department of Homeland Security to publicly notify people on Monday that it will begin to accept new applications for DACA and make certain that the work permits issued are valid for two years.Today's ruling also solidified the challenge to a memo acting Homeland Security Sec. Chad Wolf issued in June, which reduced DACA work permits to one year and affected about 65,000 Dreamers. Garaufis had challenged Wolf's role as acting DHS secretary and voided the memo last month.In court, Garaufis said, "The court believes that these additional remedies are reasonable," and later confirmed the DHS would publicize the changes. "Indeed, the government has assured the court that a public notice along the lines described is forthcoming," Garaufis added. Although the news was well-received by advocates for immigrants' rights, many are wary of changes that could still be implemented before January 21, as states like Texas are seeking legal challenges to declare DACA unlawful. The Department of Justice could also appeal Friday's decision.President-elect Joe Biden has pledged to fully restore the DACA program within his first 100 days. Karen Tumlin, a lawyer for the immigrants represented in Brooklyn, <a href="https://www.washingtonpost.com/immigration/daca-restored-dreamers/2020/12/04/37254908-367a-11eb-8d38-6aea1adb3839_story.html">told</a> the Washington Post. "This is a day that DACA recipients and young people have waited for, for far too long," adding, "It's a reminder, as always, that what we really need is a permanent solution."According to USCIS <a href="https://www.uscis.gov/sites/default/files/document/data/Approximate%20Active%20DACA%20Receipts%20-%20March%2031,%202020.pdf">data</a>, there are around current 640,000 DACA recipients; 800,000 have <a href="https://www.usatoday.com/story/news/politics/2018/02/13/who-daca-dreamers-and-how-many-here/333045002/">received</a> DACA work permits within the last eight years, and currently, there are around 11 million undocumented people, of whom 3.6 million could be eligible for the DACA protections.The DHS and the Justice Department did not immediately respond to a request for comment.

In a major win for Dreamers, DACA is restored by federal judge, DHS ordered to accept new applications for the program

<ul class="summary-list"><li>A federal judge called the <keyword id="6354862" type="UNKNOWN" weightage="60" keywordseo="trump">Trump</keyword> administration's handling of the Deferred Action for Childhood Arrivals program a "sad and inappropriate use of executive authority," <a href="https://www.cnn.com/2020/11/18/politics/daca-garaufis/index.html">CNN</a> reported. </li><li>Over the weekend, Judge Nicholas Garaufis ruled to restore the program to almost its entire operation, <a href="https://www.wsj.com/articles/federal-judge-invalidates-trump-administration-s-daca-rollback-11605400169\">The Wall Street Journal</a> reported. </li><li>The ruling was another in a string of defeats the Trump administration had been dealt over its efforts to crush the program. </li></ul>A federal judge ripped into the Trump administrations handling of the Deferred Action for Childhood Arrivals program calling it a "sad and inappropriate use of executive authority," during a hearing on Wednesday, <a href="https://www.cnn.com/2020/11/18/politics/daca-garaufis/index.html">CNN</a> reported. Over the weekend, Judge Nicholas Garaufis ruled to restore the program's operations to almost in their entirety, <a href="https://www.wsj.com/articles/federal-judge-invalidates-trump-administration-s-daca-rollback-11605400169\">The Wall Street Journal</a> reported. Since 2017, President Donald Trump has repeatedly <a href="https://www.businessinsider.com/when-does-daca-end-what-happens-recipients-2017-9">petitioned to end or limit the program that protects 700,000 young unauthorized immigrants from deportation.</a>Lower courts have previously ruled to keep the program intact and in June, <a href="https://www.businessinsider.com/supreme-court-daca-decision-trump-obama-2020-6">The Supreme Court also ruled against ending the program. </a>During Wednesday's hearing, Garaufis said: "I just want you to understand that I believe that we should have a process, a legal process here, as everywhere else, but sadly, what we're doing is impacting the lives of many, many people, who are buoyed by the Supreme Court decision in June and have been undermined by the conduct of the Department of Homeland Security since then, as I set forth in my decision."<a href="https://www.cnn.com/2020/11/17/politics/dhs-succession-order-wolf-acting-secretary/index.html"></a>DHS did not immediately respond to a request for comment. A spokesperson from the DHS said the department was "exploring its options to ensure its review of <keyword id="2382465" type="PERSON" weightage="60" keywordseo="DACA">DACA</keyword> continues as intended."Read more: <a href="https://www.businessinsider.com/pence-2024-presidential-campaign-vice-president-trump-karen-hiring-staff-2020-11" target="_blank" rel="noopener noreferrer">Time to drop the disappearing act. Pence allies say the lame-duck VP needs to stay in the public spotlight if he wants to be a viable 2024 presidential candidate</a>.The weekend's ruling was in relation to acting Homeland Security Secretary Chad Wolf <a href="https://www.businessinsider.com/trump-administration-rejects-new-daca-applications-limits-protections-2020-7">issuing a memo in July that narrowed the program</a> to existing applicants and only allowed for renewal for a year instead of two. The "fact remains that Congress should act on this matter," Wolf said in July. "There are important policy reasons that may warrant the full rescission of the DACA policy."A Government Accountability Office report previously found that both Wolf and his predecessor were improperly appointed to their positions. The Journal also reported that Garaufis's is the fifth ruling that says <a href="https://www.nbcnews.com/politics/immigration/federal-judge-rules-acting-dhs-head-chad-wolf-unlawfully-appointed-n1247848">Wolf wasn't properly appointed</a> to his acting position and was unlawfully serving in his role.

A federal judge rips Trump on DACA, calling his administration's handling of the program a 'sad and inappropriate use of executive authority'

<ul class="summary-list"><li>Clare Bronfman says she shouldn't serve more prison time than Allison Mack.</li><li>The heiress to the Seagram's fortune says she didn't even think <keyword id="12230533" type="UNKNOWN" weightage="60" keywordseo="nxivm" source="Orion">NXIVM</keyword> was a sex cult.</li></ul>NXIVM financier Clare Bronfman wants out of prison, saying in new court papers that she shouldn't spend more time behind bars than "Smallville" actress Allison Mack.Mack pleaded guilty to racketeering charges in April 2019. Prosecutors also accused her of <a href="https://www.insider.com/allison-mack-pleaded-guilty-nxivm-sex-cult-case-2019-4">procuring women</a> for cult leader Keith Raniere.Unlike Mack, "Ms. Bronfman never participated in DOS," her lawyers argue in an appellate filing, referring to <a href="https://www.insider.com/india-oxenberg-routine-as-former-nxivm-cult-slave-2020-10">the cult's secret sex slave sorority</a>. DOS was an acronym for Dominus Obsequious Sororium, Latin for "master over slave women."Bronfman "knew nothing about it, and cannot in any legitimate way be said to be culpable for it," the filing continued.Bronfman, heiress to the multi-billion-dollar Seagram's liquor fortune, is serving a 6 year, 9 month sentence for her role in the Albany-based cult.That's more time, even, than the five years federal prosecutors in Brooklyn requested. They said Bronfman spent at least $116 million of her fortune funding the cult and lawsuits against its enemies.Mack, meanwhile, was <a href="https://www.insider.com/allison-mack-sentenced-3-years-nxivm-sex-cult-2021-6">sentenced last year to three years prison</a>, less than half of Bronfman's term.In her appellate filing, Bronfman quotes Judge Nicholas Garaufis, who in sentencing Bronfman accused her of turning a blind eye to DOS and its humiliation and abuse of women."She maintains that she was an innocent bystander to Raniere's abhorrent conduct," the judge said at Bronfman's sentencing."As I have said, I find that any such blindness was willful and cultivated," the judge continued, saying Bronfman should serve as an example to those who "avert their gaze" from wrongdoing.But the judge offered no evidence that Bronfman's ignorance was willful, and also conceded that there was no evidence she directly participated in DOS, her filing argues."Clare Bronfman never knowingly funded a sex cult," her attorney Duncan Levin told Insider. "And that is what the judge himself said at sentencing."Bronfman is "categorically against sex trafficking of any kind," he added.In contrast, Mack and co-defendant Lauren Salzman were "elbow-deep in DOS," but were shown "extraordinary lenience," Bronfman's filing complains.Salzman was a high-ranking NXIVM member who <a href="https://www.insider.com/lauren-salzman-former-nxivm-member-sentenced-avoids-prison-2021-7">dodged a prison sentence</a> entirely after testifying for the feds against Raniere.Bronfman has asked a federal appellate court to vacate her old sentence and order she be resentenced.Raniere is <a href="https://www.insider.com/keith-raniere-of-nxivm-lifetime-prison-sentence-child-sex-trafficking-2020-10">serving a term of life in prison</a> after being convicted at trial of child sex trafficking and conspiracy. Despite the evidence against him — including the trial testimony of 15 women who were his victims — he has called his conviction "a horrible injustice."

NXIVM financier Clare Bronfman says she shouldn't spend more time in prison than Allison Mack

<ul class="summary-list"><li><keyword id="6469208" type="PERSON" weightage="60" keywordseo="clare-bronfman">Clare Bronfman</keyword>, a member of the multi-level marketing scheme and alleged sex <keyword id="6550757" type="UNKNOWN" weightage="60" keywordseo="cult">cult</keyword> <keyword id="7550442" type="UNKNOWN" weightage="60" keywordseo="Nxivm">NXIVM</keyword>, has been sentenced to 81 months in prison for immigration and ID theft.</li><li>Bronfman, 41, and her sister Sara are heiresses to their father's multimillion-dollar Seagram's liquor fortune.</li><li>Bronfman used her fortune to fund NXIVM lawsuits against people who chose to leave the organization and speak out about its manipulation tactics.</li></ul>Top-ranking NXIVM member and Seagram's liquor heiress Clare Bronfman was sentenced to 81 months in prison on Wednesday, on charges of concealing immigrants and ID fraud.During her Brooklyn court appearance, she was also issued a fine of more than $500,000 and ordered to pay more than $96,000 to a migrant she brought to the US from Mexico, according to court documents obtained by Insider.Bronfman pleaded guilty to one count of conspiracy to conceal and harbor illegal aliens for financial gain after the prosecution cited evidence that she had smuggled and harbored six undocumented NXIVM members for monetary gain, promising pay and work visas but providing neither to these members. In an August letter to Judge Nicholas G. Garaufis, Bronfman said she was sorry for harming others, but that she still believed in NXIVM leader Keith Raniere, who was convicted last year of sex trafficking and conspiracy to commit forced labor. "Many people, including most of my own family, believe I should disavow Keith and NXIVM, and that I have not is hard for them to understand and accept," Bronfman wrote. "However, for me, NXIVM and Keith greatly changed my life for the better."Bronfman joined <a href="https://www.insider.com/nxivm-used-real-psychology-to-fetishize-vulnerability-manipulate-2020-9">NXIVM</a>, an alleged sex cult billed as a multi-level marketing company for self-improvement courses, in 2003 and rose to the top of its ranks as an <a href="https://www.nytimes.com/2020/09/30/nyregion/clare-bronfman-nxivm-keith-raniere-sentence.html">executive board member 15 years later</a>.Before her prison sentence, Bronfman spent nearly $50 million on lawsuits on behalf of NXIVM. When former NXIVM members left the organization and spoke about the manipulation tactics its leaders used, they were often <a href="https://www.nytimes.com/2020/09/28/nyregion/clare-bronfman-keith-raniere-nxivm-sentence.html">bombarded with lawsuits</a>.The prosecution said Bronfman promised one of the migrants $3,600 a month for her work, but the woman, identified as Jane Doe, only received $4,195 total of the $96,000 she was promised."[It was very difficult to] keep up the pace [of my work] with no income and with the uncertainty of not knowing how I will live each day," Doe said in an interview with the prosecution. Bronfman was also charged with ID fraud after pleading guilty for using the credit card and bank information of someone who had been dead for 15 months, racking up $135,000 in bills. Bronfman was previously charged with racketeering, which she denied, in 2018. After posting bail for $100 million, she was <a href="https://www.vice.com/en/article/qj47d3/heiress-who-bankrolled-sex-cult-leaders-legal-attacks-gets-nearly-7-years-in-jail">released on house arrest</a>.

Seagram's heiress Clare Bronfman has been sentenced to almost 7 years in prison for her involvement in the NXIVM cult

<div class="KonaFilter image-container display-table"><div><div class="image on-image">Thomson ReutersDeferred Action for Childhood Arrivals (DACA) recipient Gloria Mendoza participates in a demonstration in support of "clean" legislation in New York</div></div></div><ul><li>A second federal judge has blocked President Donald Trump's decision to wind down the Deferred Action for Childhood Arrivals program, which shields young unauthorized immigrants from deportation.</li><li>A judge made a similar decision last month, ordering the Trump administration to resume processing renewal applications for DACA recipients.</li></ul> A second US judge on Tuesday blocked President Donald Trump's decision to end a program that protects from deportation young unauthorized immigrants brought to the United States as children.US District Judge Nicholas Garaufis in Brooklyn ruled that the Deferred Action for Childhood Arrivals program, or DACA, cannot end in March as planned, a victory for state attorneys general and immigrants who sued the Republican administration.The decision is similar to an earlier ruling by a federal judge in San Francisco that DACA must remain in place while litigation over Trump's decision unfolds. The legal battle over DACA could complicate a debate currently underway in Congress on whether to change the nation's immigration laws.The Supreme Court on Friday is due to consider whether to take up the administration's appeal of the San Francisco ruling. The court could announce as soon as Friday afternoon whether it is hearing the case.A US Justice Department spokesman could not immediately be reached for comment.Often called "Dreamers," hundreds of thousands of young adults, mostly Hispanics, have been granted protection from deportation and given work permits under DACA, which was created in 2012 under Trump's Democratic predecessor, Barack Obama.The plaintiffs had argued that the administration violated federal law by cutting off a program that hundreds of people relied on with little explanation.In his <a href="https://www.scribd.com/document/371457258/DACA-Ruling" target="_blank" rel="noopener">ruling</a>, Garaufis also questioned the Trump administration's logic in terminating DACA while at the same time advocating for their right to stay in the country, at one point citing <a href="https://twitter.com/realDonaldTrump/status/908276308265795585" target="_blank" rel="noopener">Trump's September tweet</a> asking, "Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!""Although the Government generally has a substantial interest in the speedy deportation of removable aliens … the court finds that the Government's interest in ending the DACA problem is not so compelling," Garaufis wrote in his ruling. "For one thing, the President has stated his support for keeping DACA recipients in the country."In the ruling on Tuesday, Garaufis said the Trump administration could eventually rescind the DACA program. However, the reasons it gave last year for winding down the program were too arbitrary and could not stand, the judge said.Garaufis ordered the government to process both initial requests for DACA status, as well as renewals, on the same terms as had been in place before the administration made its announcement last September. (Reporting by Dan Levine in San Francisco; Additional reporting by Lawrence Hurley in Washington and Brendan Pierson in New York; Editing by Jonathan Oatis) <div class="margin-top"> <h3>NOW WATCH: <a href="http://www.businessinsider.com/fixed-snoring-and-saved-my-relationship-sleep-apnea-2018-1">Snoring was ruining my relationship - here's how a sleep doctor fixed my sleep apnea</a></h3> <div> </div> </div>

You Searched For "nicholas garaufis" and got 6 results

Trump's acting DHS secretary was unlawfully appointed and didn't have the authority to suspend DACA, a federal judge ruled

Associated Press

In a major win for Dreamers, DACA is restored by federal judge, DHS ordered to accept new applications for the program

Azmi Haroun

A federal judge rips Trump on DACA, calling his administration's handling of the program a 'sad and inappropriate use of executive authority'

Sarah Al-Arshani

NXIVM financier Clare Bronfman says she shouldn't spend more time in prison than Allison Mack

Laura Italiano

Seagram's heiress Clare Bronfman has been sentenced to almost 7 years in prison for her involvement in the NXIVM cult

Julia Naftulin,Canela López

A 2nd federal judge just blocked the Trump administration from ending DACA

Michelle Mark,Reuters

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