BIGOTS
Court Smacks Down Trump – Rules His Acting Immigration Chief Who Promotes White Nationalism Was Illegally Installed

A federal judge on Sunday ruled President Donald Trump illegally installed Ken Cuccinelli as his acting Director of the U.S. Citizenship and Immigration Services (USCIS). Cuccinelli, who has a history of promoting white nationalist, anti-LGBTQ, and misogynistic policies and beliefs, has ties to a hate group, is the former Virginia Attorney General who lost his bid to become that state’s Republican governor.
In his 55-page decision U.S. District Judge Randolph Moss ruled “that Cuccinelli was not lawfully appointed to serve as the acting Director of USCIS,” and therefore certain directives related to removal of undocumented immigrants seeking asylum he implemented “must be set aside.”
The court also appeared to deliver a lesson in law and history to the Trump administration, saying almost directly that the constitutional requirement of “advice and consent” is not optional. Citing a legal precedent Judge Moss wrote obtaining the Senate’s approval is “more than a matter of ‘etiquette or protocol’; it is among the significant structural safeguards of the constitutional scheme.”
Cuccinelli, who sits on Trump’s coronavirus task force, was just in the news – and mocked – a week ago for this tweet:
Has the Johns Hopkins map of the coronavirus stopped working for other people, or just me? https://t.co/36uda8fm6P
— Acting Deputy Secretary Ken Cuccinelli (@HomelandKen) February 24, 2020
Some experts weigh in on today’s ruling:
Cuccinelli’s USCIS appointment ruled unlawful in huge win by @DemocracyFwd @RAICESTEXAS @cliniclegal.
Trump’s repeated circumvention of Constitution’s requirement that the Senate confirm top officials is dangerous assault on checks & balances. https://t.co/xy1Z8AgG8l
— Ian Bassin (@ianbassin) March 1, 2020
In a nutshell, Judge Moss holds that Cuccinelli was not legally the “first assistant” to the Director of USCIS, and so could not lawfully be named Acting Director of USCIS under the Federal Vacancies Reform Act: pic.twitter.com/uxH4rqzqYg
— Steve Vladeck (@steve_vladeck) March 1, 2020
“the court concludes that Cuccinelli was not lawfully appointed”
Byeeeeeee, @HomelandKen pic.twitter.com/vxMwrkx53p
— RAICES (@RAICESTEXAS) March 1, 2020
Enjoy this piece?
… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.
NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.
Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.
![]() |