Judge Rules Cuccinelli Appointment Illegal

Headline Roundup March 2nd, 2020

A federal judge ruled that the appointment of Ken Cuccinelli to head United States Citizenship and Immigration Services (USCIS) violated the Federal Vacancies Reform Act (FVRA). Cuccinelli had occupied two positions; director of the USCIS and deputy secretary of the Department of Homeland Security, for which he was never confirmed by the Senate. Rules implemented by Cuccinelli during his stint may also be nullified.

Senate Republicans had reportedly warned the White House that bypassing Senate confirmation and having Cuccinelli serve both roles simultaneously would be illegal.

Judge Rules Cuccinelli Appointment Illegal

From the Left
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A D.C.-based federal judge ruled Sunday that President Donald Trump's appointment of Ken Cuccinelli as acting U.S. Citizenship and Immigration Services director violated the Federal Vacancies Reform Act, a decision that suspends two policies Cuccinelli implemented while leading the agency.

Cuccinelli, an immigration hard-liner who was previously attorney general in Virginia, became acting head of USCIS in June, assuming the newly created role of “principal deputy director." In November, Cuccinelli also assumed the position of "senior official performing the duties of the deputy secretary" at USCIS' parent agency, the Department...

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From the Center
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A federal judge ruled that Ken Cuccinelli, who previously headed U.S. Citizenship and Immigration Services (USCIS), was unlawfully appointed to run the agency.

Washington, D.C., District Judge Randolph Moss, an Obama appointee, decided the Trump administration violated the Federal Vacancies Reform Act (FVRA) when Cuccinelli, the current deputy secretary of the Department of Homeland Security (DHS), was appointed to lead USCIS in June 2019.

He also ruled that Cuccinelli’s policy that accelerated screenings for immigrants seeking asylum should be eliminated, according to the ruling obtained by The Hill....

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From the Right
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A federal judge ruled Sunday that one of the Trump administration's top immigration officials, Ken Cuccinelli, was unlawfully appointed to his post because of a decades-old law on federal vacancies.

U.S. District Judge Randolph Moss ruled that Cuccinelli's appointment as the acting director of U.S. Citizenship and Immigration Services (USCIS) circumvented a law that said a senior government position could be filled only if the Senate first approved the individual.

It was not immediately clear what impact this would have on Cuccinelli's tenure, if any....

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