Judge Rules Ken Cuccinelli Unlawfully Appointed Head Of Migration Agency

Judge Rules Ken Cuccinelli Unlawfully Appointed Head Of Migration Agency

A federal judge ruled on Sunday that Ken Cuccinelli was unlawfully installed as the acting director of the U.S. Citizenship and Migration Providers.

President Donald Trump‘s visit of Cuccinelli, who also acts as the acting deputy secretary of the Homeland Security Department, breached the Federal Jobs Reform Act of 1998, U.S. District Judge Randolph Moss declared in his 55- page decision

Just a main designated as “very first assistant,” as defined by the FVRA, can assume the role of acting USCIS director when the job occurs, according to the judgment.

” Cuccinelli might have the title of Principal Deputy Director, and the Department of Homeland Security’s order of succession might designate the workplace of the Principal Deputy Director as the ‘very first assistant’ to the Director,” Moss composed. “But labels– without any compound– can not please the FVRA’s default guideline under any plausible reading of the statute.”

Policies put in place under Cuccinelli, consisting of reducing the time granted for asylum candidates to schedule ” credible fear” interviews during expedited deportation procedures, are now void, Moss ruled.

Trump selected Cuccinelli, a former attorney general of Virginia and strong advocate of the president’s hard-line migration agenda, as head of USCIS in June of last year.

DHS “undoubtedly disagree[s] with the court’s viewpoint and [is] looking more carefully at it,” Heather Swift, a spokesperson for the department, informed Reuters in a statement.

The White House did not right away react to an ask for remark.

The Trump administration will likely appeal the choice, Carl Tobias, a professor at the University of Richmond’s School of Law, told HuffPost.

” If the judge’s ruling dominates, it may have broader ramifications for some of Trump’s numerous options who have the acting title,” Tobias added.

” The judgment may also affect other migration policies that Trump authorities want to take in the immigration location if this or other judges likewise view them as acting outside the Vacancies Act,” he included.

Read Moss’ full choice listed below:

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