Sign up for our daily briefing
Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.
Catch up on coronavirus stories and special reports, curated by Mike Allen everyday
Catch up on coronavirus stories and special reports, curated by Mike Allen everyday
Denver news in your inbox
Catch up on the most important stories affecting your hometown with Axios Denver
Des Moines news in your inbox
Catch up on the most important stories affecting your hometown with Axios Des Moines
Minneapolis-St. Paul news in your inbox
Catch up on the most important stories affecting your hometown with Axios Twin Cities
Tampa Bay news in your inbox
Catch up on the most important stories affecting your hometown with Axios Tampa Bay
Charlotte news in your inbox
Catch up on the most important stories affecting your hometown with Axios Charlotte
Photo: Samuel Corum/Getty Images
A federal district judge in D.C. ruled on Sunday that Ken Cuccinelli’s placement as the acting top official at U.S. Citizenship and Immigration Services (USCIS) violated the Federal Vacancies Reform Act.
Why it matters: Policies that were put in place under Cuccinelli are now void, including a directive that gave asylum-seekers less time to consult with legal counsel before their initial "credible fear" interview with a USCIS officer.
Details: After the resignation of Senate-confirmed USCIS director Lee Cissna, deputy director Mark Koumans automatically assumed the role of acting director because he was designated as the "first assistant" under the Federal Vacancies Reform Act.
- Nine days later, acting Homeland Secretary Kevin McAleenan appointed Cuccinelli to serve as principal deputy director of USCIS, a position that had not previously existed.
- That same day, McAleenan revised the agency's order of succession to designate the newly created position as "first assistant," allowing Cuccinelli to "leapfrog" Koumans to become acting director, per the court opinion.
What they’re saying: “Today's ruling is a big win that confirms Ken Cuccinelli’s installation and service as acting director of USCIS was unlawful. This is both a victory for the rule of law and a significant blow to the Trump administration's xenophobic agenda,” Democracy Forward Executive Director Anne Harkavy said in a statement.