When acting DHS Secretary McAleenan resigned last Friday, the president said he would choose a new acting secretary this week. Two of his probable picks, acting head of USCIS Ken Cuccinelli and acting commissioner of CBP Mark Morgan, face legal hurdles to getting the job. The Federal Vacancies Reform Act requires that acting cabinet members must be next in line for the job or already serve in a senate-confirmed position. For the position of acting secretary of DHS, Cuccinelli and Morgan would have to fulfill one of those requirements; neither of them do. The president could appoint one of them permanently with the required Senate confirmation, but confirmation is not guaranteed. If either Cuccinelli or Morgan is appointed without Senate confirmation, their authority to create and carry out policies could be questioned.
– Weekly Immigration Briefing by Olivia Hester, Immigration Law Analyst at Docketwise
Posted in: Immigration
posted on: October 18, 2019