U.S. Judge Rules Naming Official to Temporarily Head Immigration Agency Unlawful

A U.S. judge on Sunday ruled the Trump administration did not act lawfully when it named a former Virginia attorney general as the acting director of U.S. Citizenship and 🛂Immigration Services (USCIS) and invalidated some new asylum directives.

U.S. District Judge Randolph Moss in Washington ruled 👤Ken Cuccinelli’s appointment violated a 1998 law governing how vacancies in senior government positions may be filled until the U.S. Senate confirms a new permanent choice.

Moss said Cuccinelli’s appointment would relieve the president “of responsibility and accountability for selecting acting officials” and could essentially allow the executive brand to fill many senior jobs “with nearly anyone” by simply creating a new position after a vacancy.

Last year five Honduran asylum seekers and the Refugee and Immigrant Center for Education and Legal Services sued to challenge the lawfulness of asylum directives issued under Cuccinelli.

Department of Homeland Security (DHS) spokeswoman Heather Swift said in an e-mail “we obviously disagree with the court’s opinion and are looking more closely at it.” The Justice Department did not immediately comment.

Moss’ ruling said only the five asylum seekers who sued were entitled to new proceedings before USCIS and he declined to extend relief to others who had been denied asylum or ordered removed under Cuccinelli’s directives.

Cuccinelli, who is performing the duties of deputy director of DHS, assumed the USCIS job as acting director through a series of moves.

After USCIS director L. Francis Cissna resigned in June 2019, his deputy director, Mark Koumans, assumed the post as director, as required under law, Moss said.