Cucinelli’s transparent attempts to thwart the presidential transition and the results of a democratic election reflect a clear abuse of DHS’s contracting authority by an illegally-appointed official who lacked any power to bind an agency.
DHS IG should investigate Ken Cuccinelli’s invalid immigration enforcement agreements
DHS Inspector General Joseph Cuffari should investigate immigration enforcement “agreements” between former DHS political appointee Kenneth Cuccinelli and several states—agreements which experts and DHS itself have deemed invalid and unenforceable—according to a complaint filed today by Citizens for Responsibility and Ethics in Washington. The agreements, which were executed by Cucinnelli, an illegally-appointed official who lacked any power to bind the agency, reflect a gross abuse of DHS’s contracting authority and were plainly designed to sabotage the incoming administration’s policy priorities.
“Sanctuary for Americans First Enactment” agreements with Texas, Arizona, Alabama, Indiana, Louisiana, Montana, South Carolina, West Virginia, and a sheriff’s office in North Carolina.
Cucinnelli’s agreements are invalid and enforceable for two reasons. DHS, DOJ, and legal commentators have acknowledged that an outgoing administration cannot agree to cede federal power to states, local jurisdictions, or other third parties before a new administration assumes office, because the executive branch cannot contract away the constitutional power of its successors.