USCIS said in the announcement Monday that Cuccinelli would become acting director, but later clarified to POLITICO that his official title is “principal deputy director.”
The newly created position will allow Cuccinelli to run the agency without dismissing USCIS deputy Mark Koumans, according to one current and one former DHS official familiar with the plan. The officials expected the administration to make the “principal deputy director” position the top role in the department, which would allow Cuccinelli to become acting director under a provision of the Federal Vacancies Reform Act.
The Trump administration appeared to use a similar maneuver to install former Border Patrol Chief Mark Morgan as acting director of Immigration and Customs Enforcement last month, according to the former DHS official.
The White House has not formally nominated Cuccinelli or Morgan to their respective director roles.