A federal judge ruled on March 1, 2020, that the appointment of Ken Cuccinelli as acting director of U.S. Citizenship and Immigration Services (USCIS) was unlawful. The ruling states that two asylum-related policies he enacted must therefore be set aside. The ruling could affect other immigration policies Mr. Cuccinelli enacted while in office.
According to reports, the Trump administration wanted Mr. Cuccinelli to replace the Senate-confirmed director, L. Francis Cissna, but Mr. Cuccinelli was unlikely to be confirmed, so the then-acting Secretary of Homeland Security, Kevin McAleenan, changed the order of succession at USCIS to allow Mr. Cuccinelli to step into the role in an acting capacity. Federal Judge Randolph Moss found that change to violate federal law.
The Trump administration is expected to appeal the decision.