Top Homeland Security Appointments are Invalid
The Government Accountability Office (GAO) found that the heads of the Department of Homeland Security were appointed without regard to the Federal Vacancies Reform Act. GAO determined the appointments of Chad Wolf, acting secretary of Homeland Security, and Ken Cuccinelli, acting deputy secretary of Homeland Security, were invalid and did not follow the proper chain of succession in 2019.
The GAO stated:
“Upon Secretary Kirstjen Nielsen’s resignation on April 10, 2019, the official who assumed the title of Acting Secretary had not been designated in the order of succession to serve upon the Secretary’s resignation. Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession.” (Emphasis added.)
The statement continued to explain that GAO had not reviewed the legality of other actions taken by Wolf or Cuccinelli, but are “referring the matter to the Inspector General of DHS for review.” The GAO opinion is likely to result in lawsuits questioning the legality of the actions Wolf and Cuccinelli have taken since leading the DHS. Several of the agency’s controversial policies have been struck down by federal judges in recent months, including heightened requirements for H-1B visas that led to additional denials and shorter approvals.
Challa Law Group will monitor the court challenges and report the latest updates.