The case has been referred to the DHS Inspector General for review.
Acting DHS Secretary Chad Wolf and Acting DHS Deputy Secretary Ken Cuccinelli were named to their current roles in violation of the Vacancy Reform Act, according to a finding by the Office of State Attorney.
Wolf’s predecessor, former acting DHS secretary Kevin McAleenan, also acted in that role in violation of the act, according to the GAO. McAllenan was appointed to the role after DHS secretary Kirstjen Nielson resigned in April 2019.
In a blistering joint statement, House Homeland Security Committee chairwoman Bennie Thompson and House Oversight and Reform chairwoman Carolyn Maloney said Wolf should resign immediately and called Cuccinelli “grossly unqualified,” saying he should “immediately resign from the federal government and his unprofessional retired Twitter account. “They also called on the president to appoint a career official to run the department instead of an appointment confirmed by the House of Representatives.
“The GAO’s damning opinion paints a disgusting picture of the Trump administration playing fast and loose through the process of approving the First Chamber to install ideologues. In its haste to fulfill the constitutional role of Congress. “In order to confirm the top officials of the government to deliver on the radical agenda of the president, the Administration wrote the order of succession of the department, as required by law,” the statement said.
President Donald Trump has often praised Wolf’s achievements, saying he has done a ‘fantastic job’ as acting secretary, particularly for his role in the controversial federal response to violent demonstrations in Portland, Oregon. He also praised Cuccinelli and called him “fantastic”.
The GAO finding has no legal force, but the case has been referred to the DHS Inspector General for review.
McAleenan, who served as director of U.S. Customs and Border Protection, was wrongly appointed acting secretary by Nielsen, according to the finding. As there was no Senate-confirmed Deputy Secretary at the time of Nielsen’s dismissal, the appropriate official who had taken the giant from the department was the director of the Cybersecurity and Infrastructure Security Agency (CISA). of GAO.
Wolf was previously confirmed as Under Secretary of Strategy, Policy and Planning, but because McAleenan held the position of acting secretary incorrectly, his designation allowed Wolf and Cuccinelli to take on their current acting roles as well.
A DHS spokesman said in a statement, “We strongly disagree with the GAO’s baseless report and intend to issue a formal response shortly.”
Cuccinelli’s position in the Trump administration was in legal danger even before he took the No. 2 job at Homeland Security.
The legitimacy of his previous role as acting director of US Citizenship and Immigration Services (the DHS sub-agency dealing with legal immigration) was challenged in September 2019 by a group of asylum seekers and lawyers.
U.S. District Judge Randolph Moss ruled in March that Cuccinelli was “not legally appointed to serve as acting director of USIS.”
Thursday night, the government dropped its appeal in the case. The decision is expected to further expose the agency to legal challenges posed by the hard-line immigration measures introduced during Cuccinelli’s tenure.
“It was clear from the start: Ken Cuccinelli was wrongfully appointed to lead USCIS,” said Anne Harkavy of Democracy Forward, one of the advocacy groups that brought the challenge. “Today, the Trump administration has withdrawn from its legal battle because it knew the law was not on its side. This is a victory for the rule of law and for the injured asylum seekers and immigrants. by the harmful policies of the administration. “
Two measures restricting the ability of asylum seekers to consult their lawyers and continue to question cases were overturned by a lower court in March. At the time, the court concluded that Cuccinelli’s appointment as USCIS director in June 2019 was illegal.
The government’s decision to drop the case on Thursday marked a victory for families detained at two ICE detention centers in Texas, where the asylum measures were first implemented.
Critics also plead for DHS tactical teams of US Customs and Border Protection, a DHS agency, to arrest Protestants in Portland without probable cause. The U.S. Attorney for Oregon has referred the case to the DHS Inspector General for investigation.
“The adoption by an independent congressional watchdog today accepts the actions taken by Mr. Cuccinelli and Mr. Wolf. Both must immediately resign from their illegal roles,” Democratic faction leader Chuck Schumer said in a statement.
ABC News’ Quinn Owen contributed to this report.
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