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Trump wants to use loophole to install immigration hawk at DHS. Even Republicans say it's illegal
https://www.salon.com/2019/10/31/trump-wants-to-use-loophole-to-install-immigration-hawk-at-dhs-even-republicans-say-its-illegal/IGOR DERYSH
OCTOBER 31, 2019 11:00AM (UTC)
The Trump administration wants to use an obscure loophole to install far-right immigration hawk Ken Cuccinelli as acting head of the Department of Homeland Security. But in a rare rejection of the president, even Republican lawmakers decried the plot as illegal on Wednesday.
Trump has been eyeing Cuccinelli, the acting director of U.S. Citizenship and Immigration Services, to take over DHS for weeks, but White House lawyers determined that it would be illegal to appoint him because he is ineligible under the Vacancies Act. Federal law states that acting department heads must either serve 90 days as a “first assistant” to the previous Senate-confirmed secretary or be confirmed to another position, making Cuccinelli, who was appointed as acting head of USCIS following the ouster of Secretary Kirstjen Nielsen, ineligible.
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