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A federal judge on Tuesday halted major fee increases for citizenship and other immigration benefits three days before they were to take effect, saying the last two chiefs of the Homeland Security Department were likely appointed illegally.

U. S. District Judge Jeffrey White found Kevin Mc A leenan improperly leapfrogged to acting secretary when Kirstjen Nielsen resigned in April 2019. The judge said McAleenan, as

Customs and Border Protection commissioner, was seventh in line to assume the acting role under rules of succession at the time.

Chad Wolf, who became acting secretary after McAleenan resigned in November, was also promoted out of order from his position as under secretary for strategy, policy and plans, said White, ruling in Oakland, California.

White, who was appointed by President George W. Bush, also blocked the fee hikes on grounds that the Trump administration likely failed to adequately consider the impact of the changes as required under federal rule- making, including their effect on lowincome applicants.

The Homeland Security and Justice departments did not immediately respond to requests for comment Tuesday night. U. S. Citizenship and Immigration Services, the agency with Homeland Security that awards citizenship, green cards and temporary work permits, said it was reviewing the decision.

Home l a nd S e c u r it y strongly disagreed with a finding in August by the

Government Accountability Office, a congressional investigative agency, that McAleenan, Wolf and Ken Cuccinelli, the department’s second-highest ranking official, were appointed illegally.

President Donald Trump nominated Wolf to be secretary Sept. 10 — exactly 17 months after Nielsen stepped down as the last Senate-confirmed leader of the department. The Senate has not yet acted on Wolf’s appointment.

Fees were set to increase by an average of 20% on Friday.