Trump Official's Last-Day Deal With ICE Union Ties Biden's Hands

[Lasher]

Source: New York Times

WASHINGTON — A whistle-blower complaint filed on Monday said a top Trump homeland security official sought to constrain the Biden administration’s immigration agenda by agreeing to hand policy controls to the pro-Trump union representing Immigration and Customs Enforcement.

The complaint accuses Kenneth T. Cuccinelli II of “gross mismanagement, gross waste of government funds and abuse of authority” over the labor agreements he signed with the immigration agents’ union the day before President Biden’s inauguration.

Mr. Cuccinelli — an immigration hard-liner whose legal legitimacy to serve in senior positions at the Department of Homeland Security was contested — essentially sought to tie Mr. Biden’s hands, according to the complaint.

“This abuse of authority is shocking,” wrote David Z. Seide, a lawyer representing the whistle-blower, whom he described as “a current federal employee who wishes to remain anonymous” and who “possesses information concerning significant acts of misconduct” by Mr. Cuccinelli.

Read more: https://www.nytimes.com/2021/02/01/us/politics/cuccinelli-biden-ice.html

[Ferrets are Cool]

1. My bet is on OUR PRESIDENT

finding a way. PERIOD

[Budi]

10. Me too. Total faith in our President.

If there exists a work-around, President Biden will know how to get us there.

[iemitsu]

2. Biden could disband ICE.

It is filled with a bunch of Nazis anyway.

[Budi]

3. Hope he does & remove it from Homeland Security.

Wasn't immigration under a different Dept before Bush?

He should remove the word "Homeland" from our US govt departments too.

I hate that old soviet attribution ~ homeland 😬

[iemitsu]

4. Yep. It should be done.

[onetexan]

6. +1 -K&R

[Budi]

7. Ok Here: (thanks google)

The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice from 1940 to 2003.

On March 1, 2003, the Department of Homeland Security absorbed the Immigration and Naturalization Service and assumed its duties.

It needs to be placed back under Dept of Justice.

[DBoon]

14. I would put it back under the Department of Labor

Immigration has more to do with regulating the labor market than with criminal law enforcement.

[groundloop]

17. Good point.

And if all else fails just follow the Benedict Donald play book ..... do whatever the hell you want and wait for someone to take it to court. If they do then delay delay delay.

[Midnight Writer]

19. Yep. Exactly.

[MacKasey]

8. Totally agree

Go back to Domestic



Even Home front would be better, wasn't that used during WWII?

[SoCalNative]

5. Exactly what I was thinking

do and start over from the ground up.

[Budi]

9. Yup. It has such a horribly negative reputation

Return it as INS & under Dept of Justice or Labor.

'ICE' can then do what it was intended for.
Drugs & weapon smuggling & Human Trafficking. All trademarks of every Mob Organization.

[burrowowl]

11. Disband Homeland Security too

sounds totalitarian!

[COL Mustard]

12. I'm Not 100% Certain (OK, I Never Am, But That's Another Story).....

But if Kookcinelli wasn't legally in the position (if his appointment wasn't proper), then it should be easy to get his deal overturned.

[Thekaspervote]

13. I just smile when I see these posts! Biden has already moved on so many trump actions

That were going to hobble, hamstring, trip up the Biden adm...this isn’t his first rodeo!

[Lasher]

15. What about the Congressional Review Act?

I wonder if it might apply in this case.

The Congressional Review Act (CRA)[1] is a law that was enacted by the United States Congress under House Speaker Newt Gingrich as Subtitle E of the Contract with America Advancement Act of 1996 (Pub.L. 104–121 (text) (pdf)) and signed into law by President Bill Clinton on March 29, 1996.[2][3] The law empowers Congress to review, by means of an expedited legislative process, new federal regulations issued by government agencies and, by passage of a joint resolution, to overrule a regulation.[4] Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule" (5 U.S. Code § 801(b)(2)). Congress has a window of time lasting 60 legislative days (i.e., days that Congress is actually in session, rather than simple calendar days) to disapprove of any given rule by simple majority vote; otherwise, the rule will go into effect at the end of that period.[5][6]

Prior to 2017, the CRA had been successfully invoked only once to overturn a rule (in 2001; see below).[7] In January 2017, however, with a new Republican president (Donald Trump), the Republican-controlled 115th Congress began passing a series of disapproval resolutions to overturn a variety of rules issued under the Obama administration. Ultimately, fourteen such resolutions repealing Obama administration rules were passed and signed into law; a fifteenth resolution was passed by the House but failed in the Senate. Because of the shortness of legislative sessions during the 114th Congress, the 115th Congress was able to target rules issued by the Obama administration as far back as May 2016.[8] In late 2017 and early 2018 Congress passed two resolutions repealing Consumer Financial Protection Bureau rules made by former President Obama's CFPB Director, Richard Cordray, who did not leave his post until late 2017.

https://en.wikipedia.org/wiki/Congressional_Review_Act

[thenelm1]

16. Cuccinelli should have been handed a restraining order years ago to

keep him from getting within a 1000 yards of any gov't office or job. The guy is certifiable and always has been.

[keithbvadu2]

18. Republicans like unions now?

Republicans like unions now?

[PSPS]

20. Hogwash

Besides Cuccinelli's illegal appointment rendering his actions meaningless, ICE can simply be abolished and, if there has to be an ICE, replace it with "New ICE" and have everyone reapply for their jobs. This time, though, screen out the nazis. This is really just routine. Companies do this all the time.

[vsrazdem]

21. I thought cucinelli was acting position, and actually a judge found he was illegaly appointed

to that position. If that is the case, any contracts he enterded into should be void.

[Lasher]

22. Not a judge but the GAO

GAO finds Chad Wolf, Ken Cuccinelli are ineligible to serve in their top DHS roles

08/14/2020

Acting Homeland Security Secretary Chad Wolf and Acting Deputy Secretary Ken Cuccinelli were invalidly appointed to their positions and are ineligible to serve, a congressional watchdog determined Friday.

The Government Accountability Office — Congress' independent investigative arm — concluded that after the resignation of Secretary Kirstjen Nielsen in April 2019, an improper succession occurred, with Kevin McAleenan taking on the position. McAleenan then altered

"Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession,” GAO's general counsel Thomas Armstrong concluded.the order of succession for other officials to succeed him after his departure.

GAO has referred the matter to the inspector general of the Department of Homeland Security for further review and potential action. The office also urged the inspector general to consider the consequences of actions taken by invalidly appointed officials.

https://www.politico.com/news/2020/08/14/gao-chad-wolf-ken-cuccinelli-ineligible-dhs-395222

[PatrickforO]

25. Well, there we have it. n/t

[Lasher]

28. Yes, I think we do.

But how did they continue serving after the GAO ruled they were ineligible to do so?

[DeminPennswoods]

23. In the federal government, management holds almost

all the cards when it comes to unions and regularly circumvents "agreements".

[PatrickforO]

24. In the end, after massive investigations, the perpetrators of these crimes against humanity

will be brought to justice.

[Liberty Belle]

26. Can Congress enact legislation to supercede this action?

[riversedge]

27. Gop corruption is the name of the game