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Acting DHS Secretary McAleenan will stay in his position until someone is nominated in his place.

McAleenan’s resignation from DHS was announced 3 weeks ago on October 11. Since then, no one has been nominated to fill his position. When testifying before Congress on Wednesday, Acting DHS Secretary McAleenan told lawmakers he would “ensure a smooth transition” and, “if necessary,” stay on in his role until a successor is nominated.

Memo put out by DHS Secretary violates the constitution

Aligning the Department’s Privacy Policies with the Law. The Department will no longer afford Privacy Act rights and protections to persons who are neither U.S. citizens nor lawful permanent residents.  This is one area that is highly questionable. The DHS Secretary cannot simply state that a person who is not a resident or citizen will no longer have privacy rights. He does not have the authority to contradict the U.S. Constitution

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