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Republicans shoot down White House plan to install Cuccinelli atop DHS

Republicans warn Trump he can't name immigration hardliner Cuccinelli to acting DHS secretary.

Republican senators are warning President Donald Trump that he cannot legally appoint immigration hard-liner Ken Cuccinelli to lead the Department of Homeland Security.

The White House and DHS lawyers, however, are continuing to work on a controversial end run around a federal law that prohibits Cuccinelli from serving as an acting secretary. It would likely face an immediate court challenge as well as the ire of members of his own party.

“The White House would be well advised to consult with the Senate and senators before they take any decisive action that might be embarrassing to Mr. Cuccinelli or to the White House itself,” said Sen. John Cornyn (R-Texas), who called the attempt to fill the department without Senate confirmations a “concern.”

“The White House would be well advised to consult with the Senate and senators before they take any decisive action that might be embarrassing to Mr. Cuccinelli or to the White House itself,” said Sen. John Cornyn (R-Texas), who called the attempt to fill the department without Senate confirmations a “concern.”

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“If Ken was as liked by the White House as he thinks he is, he would’ve been nominated months ago," said a senior administration official. "The problem for Ken is that he is a nonstarter with Mitch McConnell and has a less than zero chance of being confirmed by the Senate.”

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The president has gone through four DHS secretaries in less than three years in part because he and his allies grew dissatisfied with officials they thought were not sufficiently committed to the president’s immigration agenda.

"God, I worry for the department," a former senior DHS official said. "Without consistent and responsible leadership, who is working to ensure that we aren’t vulnerable from a multitude of threats — cyber attacks, terrorism, natural disasters? Acting leaders can’t command the same respect with career employees or work with Congress effectively to protect the country."