US federal judge has ruled that Ken Cuccinelli was unlawfully appointed to lead the US Citizenship and Immigration Services agency and, as a result, lacked authority to give asylum seekers less time to prepare for initial screening interviews.
Moss, an appointee of President Barack Obama, set aside a Cuccinelli directive to give asylum seekers less time to consult attorneys before an initial screening interview, but his decision applies only to the five Hondurans who sued. He did not address other Cuccinelli actions.
The asylum directive gives asylum seekers at least one calendar day to prepare for the screening interview, instead of 72 hours for families and generally 48 hours for single adults. Extensions are granted only “in the most extraordinary circumstances,” such as a serious illness or mental or physical disability.
The directive is a foundation for new policies aimed at quickly completing the screening, known as a “credible fear interview,” without leaving Customs and Border Protection custody. Homeland Security Department spokeswoman Heather Swift said, “We obviously disagree with the court's opinion and are looking more closely at it.”
Cuccinelli is now acting deputy Homeland Security secretary, the department's No. 2 position. Joseph Edlow, a longtime congressional aide who joined Citizenship and Immigration Services in July, was named last month to run the agency's day-to-day operations.
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