By Steve Neavling
ticklethewire.com
Immigration hardliners have been gunning for Ken Cuccinelli as acting secretary of Homeland Security, but a federal law appeared to make the appointment impossible.
The White House may have found a way to bypass the federal Vacancies Act, which limits who can take over cabinet-level positions.
Under the law, the acting official is required to be the next in the line of succession, have served 90 days under the previous secretary or receive Senate approval.
As acting head of U.S. Citizenship and Immigration Services, Cuccinelli would not be eligible.
One possible loophole is for Trump to appoint Cuccinelli to the vacant position of assistant secretary of the Countering Weapons of Mass Destruction Office and then tap him to be the acting secretary of Homeland Security, The New York Times reports.
Trump’s fourth acting Homeland Security secretary in less than three years is Kevin K. McAleenan, who is retiring at the end of the month.
Trump has demanded loyalty from that position, and he’s desired a secretary whose man focus is on immigration, not terrorism.
