There have been previous questions over the legality of Wolf's appointment. The Trump administration has
renewed a push to get Wolf confirmed before Inauguration Day; he is currently serving in an acting capacity.
In the past week, Homeland Security officials spoke to Senate Majority Leader Mitch McConnell's office about bringing the nomination to a floor vote in the coming weeks -- a move seemingly acknowledging both a forthcoming change in administrations and criticism that Wolf's appointment was invalid.
Over the course of Donald Trump's presidency, DHS -- the third-largest federal department -- has had five secretaries, only two of whom have been confirmed by the Senate, and has run into a flurry of questions over the legitimacy and authority of those leading in acting capacities.
The Government Accountability Office
issued a report in August saying Wolf's appointment was part of an invalid order of succession.
A federal judge in Maryland also
ruled that Wolf was likely serving unlawfully.
Without confirmation, Wolf's appointment -- and policies rolled out during his tenure -- will continue to face questions.
McConnell spokesman Doug Andres told CNN on Thursday that there are no scheduling updates or guidance "at the moment" in regards to his confirmation.