Trump has found a sneaky way to install Ken Cuccinelli as acting USCIS director


Immigration hardliner Ken Cuccinelli took the helm of U.S. Citizenship and Immigration Services (USCIS) on Monday, making him the latest "acting" agency leader at the Department of Homeland Security — he joins the acting Homeland Security secretary, acting Immigration and Customs Enforcement (ICE) chief, acting Customs and Border Protection (CBP) director, acting Federal Emergency Management Agency (FEMA) administrator, and other top acting DHS officials. But Cuccinelli isn't even technically acting USCIS director, he's "principle deputy director."
This distinction will allow Cucinnelli to run the agency without Trump firing acting USCIS deputy director Mark Koumans, Politico reports, citing a current and a former DHS official. "The officials expected the administration to make the 'principal deputy director' position the top role in the department, which would allow Cuccinelli to become acting director under a provision of the Federal Vacancies Reform Act." University of Texas law professor Steve Vladeck tries to explain:
Cuccinelli isn't alone — this is how Trump named Mark Morgan acting head of ICE, Politico reports. The White House hasn't nominated either Morgan or Cuccinelli to fill these roles permanently, and Cuccinelli likely wouldn't be confirmed if Trump did nominate him, given the bipartisan opposition he faces. This wasn't lost on immigration advocates. "I think it's incredibly inappropriate to put someone in an acting position when they should be going through Senate scrutiny and the legally required confirmation process," Kerri Talbot, a director at Immigration Hub, tells Politico.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Book reviews: 'The Mission: The CIA in the 21st Century' by Tim Weiner and 'The Aviator and the Showman: Amelia Earhart, George Putnam, and the Marriage That Made an American Icon' by Laurie Gwen Shapiro
feature
-
Trump contradicts Israel, says 'starvation' in Gaza
Speed Read The president suggests Israel could be doing more to alleviate the suffering of Palestinians
-
Sydney Sweeney's 'great jeans': why American Eagle ad is so controversial
Talking Point Series of adverts featuring American actress Sydney Sweeney cause storm around race and eugenics
-
Trump contradicts Israel, says 'starvation' in Gaza
Speed Read The president suggests Israel could be doing more to alleviate the suffering of Palestinians
-
Trump executive order targets homeless
Speed Read It will now be easier for states and cities to remove homeless people from the streets
-
Columbia pays $200M to settle with White House
Speed Read The Trump administration accused the school of failing to protect its Jewish students amid pro-Palestinian protests
-
Florida judge and DOJ make Epstein trouble for Trump
Speed Read The Trump administration's request to release grand jury transcripts from the Epstein investigation was denied
-
Trump attacks Obama as Epstein furor mounts
Speed Read The Trump administration accused the Obama administration of 'treasonous' behavior during the 2016 election
-
Trump administration releases MLK files
Speed Read Newly released documents on the 1968 assassination of the Rev. Dr. Martin Luther King Jr. did not hold any new revelations, King historians said
-
Japan's prime minister feels pressure after election losses
Speed Read Shigeru Ishiba has vowed to remain in office
-
President diagnosed with 'chronic venous insufficiency'
Speed Read The vein disorder has given Trump swollen ankles and visible bruising on his hands