Acting DHS Secretary and Deputy Named to Posts Illegally: The Government Accounting Office found that, under the Federal Vacancies Reform Act of 1998, current Acting DHS Secretary, Chad Wolf, as well as Kenneth Cuccinelli, the current “Senior Official Performing the Duties of” DHS Deputy Secretary, were named to their positions by reference to an invalid order of succession. Any orders issued during their tenure arguably should be voided, but it remains to be seen what the current Administration to do.

Attempted to Decertify Immigration Judge Union Fails: Last year the Department of Justice petitioned the Federal Labor Relations Authority (FLRA) in an attempt to strip immigration judges of their right to unionize. In late July, the FLRA rejected and dismissed that petition, noting that immigration judges are not management officials and are thus permitted to unionize.

 New EAD Form Required August 25: A new edition of the Form I-765, Application for Applications for Employment Authorization (EADs), to take effect August 25, has been issued by USCIS. USCIS will not accept EAD applications postmarked on or after August 25 if not filed with the 8/25/20 edition of Form I-765 and I-765WS (worksheet). (Note that, as of August 19, the USCIS has not yet posted the new edition on the I-765 Web page.)

Trusted Traveler Programs Enrollment Centers Remain Closed: CBP announced that it is postponing the reopening of Trusted Traveler Programs Enrollment Centers until at least September 8. Applicants who scheduled interviews at enrollment centers before September 7 must reschedule their appointments.