A federal judge ruled that Ken Cuccinelli, who previously headed the U.S. Citizenship and Immigration Services (USCIS), was unlawfully appointed to run the agency.
D.C. District Judge Randolph Moss, an Obama appointee, decided the Trump administration violated the Federal Vacancies Reform Act when Cuccinelli, the current deputy secretary of the Department of Homeland Security (DHS), was appointed to lead USCIS in June 2019. 
He also ruled that Cuccinellis policy that accelerated the screenings for immigrants seeking asylum should be eliminated, according to the ruling obtained by The Hill.  
The Federal Vacancies Reform Act regulates who the president can put in certain Cabinet and agency roles. President TrumpDonald John TrumpRatcliffe rebuts criticism over experience for DNI nominationOn The Trail: Steyer’s flop a warning to BloombergBiden touts victory in South Carolina: ‘We are very much alive’MOREs administration created Cuccinellis first title, principal deputy director, in order for him to qualify to lead the agency in an interim status.
The judge ruled this title creation did not qualify him for the position. 
Cuccinelli may have the title of Principal Deputy Director, and the Department of Homeland Securitys order of succession may designate the office of the Principal Deputy Director as the first assistant to the Director, he wrote. But labels without any substance cannot satisfy the FVRAs default rule under any plausible reading of the statute.
Cuccinellis directed an expedited process for reviewing asylum-seeker applications in July. Officials previously had to wait 48 hours before an asylum-seekers interview and hearing, but Cuccinelli sped the process up to be one day.
His policy required immigrants to prove they would face persecution if they returned to their home countries.
Cuccinelli became the deputy secretary of the department in November but is still named as the senior official who runs the USCIS. But A\acting DHS Secretary Chad WolfChad WolfHouse Republicans press Trump officials on plans to contain coronavirus at borderRep. Torres pens letter to VP citing concerns over ‘public charge’ rule effect on coronavirus outbreakThere’s no vaccine for this diseased and dangerous presidencyMORE chose Joseph Edlow to run USCISs day-to-day operations last week.
The USCIS and DHS did not immediately return requests to comment.