A federal judge has ruled that Ken Cuccinelli was unlawfully appointed to lead the U.S. Citizenship and Immigration Services agency and, as a result, lacks authority to give asylum seekers less time to prepare for initial screening interviews.
U.S. District Judge Randolph Moss in Washington found Cuccinelli's appointment violated the Federal Vacancies Reform Act. The 1998 law governs who is eligible to lead federal agencies in an acting capacity.
The former Virginia attorney was named principal deputy director of the U.S. Citizenship and Immigration services in June 2019. The agency grands green cards and visas. He is currently acting deputy Homeland Security secretary.
Moss' ruling affects a directive from Cuccinelli that gave asylum seekers one calendar day to prepare for screening interviews. Traditionally 72 hours are granted for families and 48 hours for individuals.
The ruling issued Sunday is at odds with President Donald Trump's penchant for temporary appointments, but its impact is unclear. The Department of Homeland Security says it disagrees with the court's opinion.
