Courtesy of Business Insider:
President Donald Trump broke the law to hire his top immigration official, a federal judge ruled Sunday.
Ken Cuccinelli took charge of the US Citizenship and Immigration Services agency last June as acting director and immediately began implementing policy memos to make US asylum policies more restrictive.
But those new rules must now be “set aside,” US District Judge Randolph Moss wrote in a 55-page ruling.
Immigration advocates sued the Trump administration last year over Cuccinelli’s asylum policies, arguing that they couldn’t be valid because Cuccinelli’s appointment itself was not valid.
On Sunday, Moss agreed, ruling that Trump bypassed USCIS’ chain of command by appointing Cuccinelli.
According to federal vacancy rules, the top job should have been filled by the previous director’s “first assistant.” But Cuccinelli had only served as the “principal deputy director” of USCIS — a role that was created for him by the former acting DHS secretary.
“Cuccinelli’s appointment fails to comply with the [law] for a more fundamental and clear-cut reason: he never did and never will serve in a subordinate role — that is, as an ‘assistant’ — to any other USCIS official,” Moss wrote in his opinion.
Well, that’s that then, now the Trump Administration needs to start letting immigrant children out of those cages you fucking Nazis.
Oh yeah, I know the administration will apppeal this case but in the meantime they have no legal right to hold those children.
Not that they ever did.