Chad Wolf, acting secretary of the Department of Homeland Security (DHS), announced his resignation on Monday, citing court battles over the legality of his appointment to lead the huge bureaucratic juggernaut.
In a message to DHS officials obtained by CBS News, Wolf said he was “sad” to resign and suggested that he was effectively forced to do so.
“Unfortunately, this action is justified by recent events, including ongoing judicial decisions and without merit about the validity of my authority as acting secretary,” wrote Wolf. “These events and concerns increasingly serve to divert attention and resources from the Department’s important work at this critical time in the transition of power.”
According to DHS press secretary Chase Jennings, Wolf will remain in the department as head of his policy and planning office, a second position he held while serving as interim secretary. He was confirmed for the position of undersecretary by the Republican-led Senate in 2019.
Wolf’s resignation comes three days after a federal judge in California ruled that his appointment as interim secretary in November 2019 was probably illegal, blocking a series of asylum restrictions that were due to take effect on Monday.
The Government Accountability Office (GAO), the investigative arm of Congress and other federal courts also concluded that DHS officials did not meet the legal requirements that dictate leadership appointments when Wolf was installed as interim secretary.
Several important immigration policies from the Trump administration – including restrictions on work permits for asylum seekers and the planned suspension of the Obama era Postponed Childhood Action (DACA) initiative for undocumented immigrants brought to the U.S. as minors – have been blocked by federal judges who determined that Wolf had no authority to approve them.
Three days before the court’s decision on Friday, Wolf’s appointment as permanent secretary of the homeland secretary, confirmed by the Senate, was withdrawn by the White House. A Trump administration official with ties to Wolf said the move placed the appointment of the interim secretary on dubious legal grounds, raising concerns about Wolf’s ability to continue serving legally in office.
Pete Gaynor, the administrator of the Federal Emergency Management Agency, will become interim secretary after Wolf’s resignation, which will take effect on Monday at midnight.
“At the moment, our nation is facing significant challenges and it is our privilege to support national efforts to combat the pandemic and protect our homeland,” said Gaynor in a message to FEMA staff obtained by CBS News. “I know that you will not give up on your dedication to our mission.”
Although Ken Cuccinelli is the second most senior officer of the DHS, his appointment was also considered invalid by GAO. Last March, a federal judge separately concluded that Cuccinelli had been illegally appointed to his second position as head of the United States Citizenship and Immigration Services.
Wolf’s resignation comes after the departure of two other cabinet secretaries in the days following the attack on the Capitol. Transport Secretary Elaine Chao and Education Secretary Betsy DeVos both went down of their posts following the attack.
Since being harnessed to lead DHS following the departure of then-acting secretary Kevin McAleenan in November 2019, Wolf has been a staunch supporter of President Trump’s immigration agenda, repeatedly praising his department’s efforts to restrict asylum eligibility, build barriers along the U.S. border -Mexico and limit temporary work programs.
Wolf was also a vocal advocate of the federal government’s aggressive response to anti-racist protests and riots in Portland last summer when he dispatched DHS agents to the city, despite opposition from local Democratic politicians.
In the wake of the deadly attack on the United States Capitol by Trump supporters last week, Wolf issued a statement vehemently condemning the violence and asking the president to denounce strongly. During the attack, Wolf was in Bahrain to negotiate security and travel deals with the government there.
A former senior DHS official who obtained anonymity to speak freely said the department focused on “things that were politically important to the White House, not the central mission” during Wolf’s term.
John Sandweg, former DHS general counsel during the Obama administration, said Wolf “leaves behind a tarnished legacy” due to the department’s politicization. “Trying to repair your reputation here with an early exit that may indicate some kind of protest about what happened on January 6 is, I think, a little too late,” Sandweg told CBS News.
But Wolf strongly defended his record in his message to employees on Monday, saying his work involved “difficult issues” and “difficult decisions”.
“Together, we strengthen border security, we reform our immigration system, we create a world-class cybersecurity agency, we increase the world aviation security baseline, we increase U.S. Coast Guard readiness, we fight the evil influence of the nation-state, we responded to countless natural disasters vital work of the Federal Protection Service, supported the security of several federal and state elections and continue to respond to a global pandemic, “he said.
Wolf also said that DHS is prepared for “an orderly and smooth transition” for President-elect Joe Biden’s administration. Biden chose Alejandro Mayorkas, a former federal prosecutor and Obama-era DHS official, to lead the department.
“Welcome them, educate them and learn from them,” Wolf told DHS officials. “They will be your leaders for the next four years – a period that will undoubtedly be full of challenges and opportunities to show the American public the value of DHS and why it is worth the investment.”
Nicole Sganga and Arden Farhi contributed to this report.