Acting Deputy Secretary of Homeland Security Ken Cuccinelli said he will not leave his post following Obama Judge Randolph Moss’s ruling that he was illegally appointed to lead a department agency.
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Cuccinelli reacted to the judges’s ruling by first laughing it off and then saying he will not leave his post despite the ruling.
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The Washington Examiner reported:
“The succession for the deputy secretary of homeland security ties back to my official position as the principal deputy at USCIS [U.S. Citizenship and Immigration Services], there’s not a problem with me at my current position,” Cuccinelli said on Fox and Friends Monday after initially laughing at the news. “The only issue in the case is related to being the acting director at USCIS. And this ruling is really something of an outlier. This is a methodology that has been used in the past. It’s been thought of as legal as — pretty broadly.”
A federal district court judge in Washington, D.C., ruled that Cuccinelli, who was acting director of the 19,000-person USCIS from last June until January, did not meet the requirements in the Federal Vacancies Reform Act of 1998 to have the job. The judge’s decision deemed Cuccinelli’s policy changes invalid, teeing up new legal troubles for the Trump administration.