Federal judge rules Cuccinelli appointment unlawful

[Rogue Valley]

Federal judge rules Cuccinelli appointment unlawful

The order suspends policies he issued while leading U.S. Citizenship and Immigration Services.

3/1/20
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 of Homeland Security. In his ruling, U.S. District Judge Randolph Moss said Cuccinelli was never eligible to become acting USCIS chief. Because Cuccinelli's USCIS position was designated initially as "first assistant" to the USCIS director, the Trump administration reasoned that Cuccinelli could become acting chief under a provision of the 1998 Federal Vacancies Reform Act. But Moss wrote that Cuccinelli's appointment did not comply with the FVRA because "he never did and never will serve in a subordinate role — that is, as an 'assistant' — to any other USCIS official." Rather, Cuccinelli was "assigned the role of principal on day-one," Moss wrote. The order strikes down directives from Cuccinelli that sped up asylum-seekers' initial screenings limited extensions of those hearings, on the grounds that Cuccinelli lacked authority to issue them.

The lesson here: Trump cannot simply appoint anyone and crown them "principal deputy director" or "senior official performing the duties of the deputy secretary" or some other lame title.

There are certain requisites to become an "acting" director under the Federal Vacancies Reform Act, which Trump has been abusing.

Related: Ken Cuccinelli unlawfully appointed to lead US immigration agency, judge rules

 

[bluesmoke]

Federal judge rules Cuccinelli appointment unlawful

The order suspends policies he issued while leading U.S. Citizenship and Immigration Services.



The lesson here: Trump cannot simply appoint anyone and crown them "principal deputy director" or "senior official performing the duties of the deputy secretary" or some other lame title.

There are certain requisites to become an "acting" director under the Federal Vacancies Reform Act, which Trump has been abusing.

Related: Ken Cuccinelli unlawfully appointed to lead US immigration agency, judge rules

Mark down one for democracy and the law. It's the shorter column, until much of what's in the longer column gets sorted-out.

 

[Grizzly Adams]

Assuming Trump supports the reversed initiatives, why couldn't he, as the duly elected executive, simply declare the policies back in effect? All powers exercised by subordinate agencies are simply powers possessed by the executive that are then delegated to lower officers.