August 14, 2020

Today Representative Dina Titus of Nevada’s First Congressional District, a Member of the House Homeland Security Committee, released the following statement in response to a legal decision from the Government Accountability Office that concluded President Trump’s appointments to senior leadership positions at the Department of Homeland Security were illegal:

“Today we received confirmation that President Trump broke the law in pursuit of his anti-immigrant agenda,” said Congresswoman Titus (NV-1). “If these appointees have any regard for the rule of law, they should resign immediately. Chad Wolf and Ken Cuccinelli have spent their time in office attacking peaceful protesters and DREAMers, and instilling fear in immigrant communities. The Office of Inspector General must now quickly determine how many of their dangerous, hateful policies can be reversed.” 

Key findings from GAO:

• “Mr. McAleenan assumed the title of Acting Secretary upon the resignation of Secretary Nielsen, but the express terms of the existing designation required another official to assume that title. As such, Mr. McAleenan did not have the authority to amend the Secretary’s existing designation. Accordingly, Messrs. Wolf and Cuccinelli were named to their respective positions of Acting Secretary and Senior Official Performing the Duties of Deputy Secretary by reference to an invalid order of succession.”
• “[U]pon the resignation of Secretary Kirstjen Nielsen, the express terms of the then-existing designation required the Director of the Cybersecurity and Infrastructure Security Agency (CISA) to assume that title instead of the Commissioner of Customs and Border Protection (CBP), Kevin McAleenan. As such, the subsequent appointments of Under Secretary for Strategy, Policy, and Plans, Chad Wolf and Principal Deputy Director of U.S. Citizenship and Immigration Services (USCIS) Ken Cuccinelli were also improper because they relied on an amended designation made by Mr. McAleenan.”
• “We are referring the question as to who should be serving as the Acting Secretary and the Senior Official Performing the Duties of Deputy Secretary to the DHS Office of Inspector General for its review. We also refer to the Inspector General the question of consequences of actions taken by these officials, including consideration of whether actions taken by these officials may be ratified by the Acting Secretary and Senior Official Performing the Duties of Deputy Secretary as designated in the April Delegation.”

While improperly serving as Acting Secretary, Kevin McAleenan:

·         Personally negotiated agreements with Guatemala, El Salvador, and Honduras that contributed to a complete and cruel dismantling of the U.S. asylum system.

·         Approved poorly-coordinated Immigration and Customs Enforcement (ICE) workplace raids in Summer 2019 that resulted in the arrest of over 600 people in Mississippi and separated hundreds of families.

·         After requesting billions in emergency funding in June 2019 to address the growing Southwest border humanitarian crisis, millions specifically designated for migrant care were inappropriately spent on his watch.

While improperly serving as Acting Secretary, Chad Wolf:

·         Deployed DHS law enforcement officers to subdue peaceful protestors in DC and Portland. Under his direction, federal officers have repeatedly used aggressive and violent tactics including arresting protestors without probable cause.

·         Suspended New Yorkers’ ability to enroll or re-enroll into Global Entry and other Trusted Traveler programs in February 2020. 

·         Waived procurement rules that protect taxpayers from waste, fraud, and abuse in order to speed up the construction of the President’s border wall.

While improperly performing the duties of the Deputy Secretary, Ken Cuccinelli:

·         Established a new DHS rule in June 2020 uniquely designed to keep migrants seeking asylum in the U.S. impoverished by de facto barring them from being able to seek work permits. 

·         Approved a move to limit oversight of the Department’s Office of Intelligence and Analysis by constraining the role of the Office of Civil Rights and Civil Liberties in approving intelligence products.