Trump's top 2 picks for DHS secretary reportedly aren't eligible for the job


President Trump is back to square one.
After seemingly favoring either of his current immigration heads Ken Cuccinelli and Mark Morgan as his new homeland security secretary, Trump was reportedly informed neither will be allowed to take the job without Senate approval. That's because an opinion out of the Department of Justice's Office of Legal Counsel blocks acting heads from ascending to lead a Cabinet department, The Wall Street Journal reports and CNN confirms.
As it stands, Cuccinelli is the acting head of U.S. Citizenship and Immigration Services and Morgan is the acting leader of Customs and Border Protection. They, along with recently resigned DHS acting head Kevin McAleenan, all got their jobs when Trump pushed out Kristjen Nielsen as the head of the department in April.
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.
But in order to rise to replace McAleenan without a Senate vote, they'd have to "either be next in line for a position or hold a Senate-confirmed position," OLC opinion says. Cuccinelli or Morgan could also get the job if they'd served "at least 90 days in the past year under the previous secretary," the Journal writes. The last full-time secretary was technically Nielsen, and Cuccinelli or Morgan didn't work long enough under her, Sean Doocey, head of the White House Presidential Personnel Office, reportedly told Trump in a Friday meeting.
The White House didn't immediately respond to a request for comment. Find out who Trump is considering now at The Wall Street Journal.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Kathryn is a graduate of Syracuse University, with degrees in magazine journalism and information technology, along with hours to earn another degree after working at SU's independent paper The Daily Orange. She's currently recovering from a horse addiction while living in New York City, and likes to share her extremely dry sense of humor on Twitter.
-
Today's political cartoons - April 20, 2025
Cartoons Sunday's cartoons - Pam Bondi, retirement planning, and more
By The Week US
-
5 heavy-handed cartoons about ICE and deportation
Cartoons Artists take on international students, the Supreme Court, and more
By The Week US
-
Exploring the three great gardens of Japan
The Week Recommends Beautiful gardens are 'the stuff of Japanese landscape legends'
By The Week UK
-
Markets notch worst quarter in years as new tariffs loom
Speed Read The S&P 500 is on track for its worst month since 2022 as investors brace for Trump's tariffs
By Peter Weber, The Week US
-
Tesla Cybertrucks recalled over dislodging panels
Speed Read Almost every Cybertruck in the US has been recalled over a stainless steel panel that could fall off
By Justin Klawans, The Week US
-
Crafting emporium Joann is going out of business
Speed Read The 82-year-old fabric and crafts store will be closing all 800 of its stores
By Peter Weber, The Week US
-
Trump's China tariffs start after Canada, Mexico pauses
Speed Read The president paused his tariffs on America's closest neighbors after speaking to their leaders, but his import tax on Chinese goods has taken effect
By Peter Weber, The Week US
-
Chinese AI chatbot's rise slams US tech stocks
Speed Read The sudden popularity of a new AI chatbot from Chinese startup DeepSeek has sent U.S. tech stocks tumbling
By Peter Weber, The Week US
-
US port strike averted with tentative labor deal
Speed Read The strike could have shut down major ports from Texas to Maine
By Peter Weber, The Week US
-
Biden expected to block Japanese bid for US Steel
Speed Read The president is blocking the $14 billion acquisition of U.S. Steel by Japan's Nippon Steel, citing national security concerns
By Peter Weber, The Week US
-
Judges block $25B Kroger-Albertsons merger
Speed Read The proposed merger between the supermarket giants was stalled when judges overseeing two separate cases blocked the deal
By Peter Weber, The Week US