Donald Trump has expressed support for Ken Cuccinelli, current acting director of United States Citizenship and Immigration Services (USCIS), to take over as secretary of the Department of Homeland Security (DHS). The legitimacy of Cuccinelli’s appointment as acting USCIS director has come under fire, as federal vacancy laws prohibit him from taking that position. Those laws would also prevent him from the position Trump wants him to hold.
In addition to the legal hurdles, Trump would also face a contentious Senate vote, with many senate Republicans opposing Cuccinelli’s appointment. Cuccinelli made enemies with many Republican senators when he was leader of a group highly critical of incumbent Republican senators, including Senate Majority Leader Mitch McConnel.
These factors have led to a stalemate, with Trump not moving forward, seeing the impending futility of his efforts, but nevertheless stubbornly supporting his primary choice.