Last-day deal between Trump official and ICE union ties Biden’s hands

Notably, the acting head of ICE at the end of the Trump administration did not sign the new labor agreement, which met during a time of bureaucratic turmoil. Acting ICE director Tony Pham abruptly stepped down at the end of December. He was replaced by Jonathan Fahey, who abruptly resigned on January 13.

Mr. Fahey was replaced by Tae D. Johnson, who did not sign the agreement. Instead, on the signature lines, Mr. Cuccinelli is identified “for the agency” but without a title. Mr Cuccinelli said it was appropriate for him to sign the deal as acting deputy secretary, and he did so after getting advice from the attorney general.

Before resigning, Mr Fahey had for days rejected efforts to strengthen the ICE union and ultimately refused to sign the deal, according to the senior homeland security official familiar with the matter.

The Trump administration had attempted in various ways to give Mr. Cuccinelli a leadership role in the Department of Homeland Security without going through Senate confirmation, but the legal legitimacy of his appointment to various positions was a recurring dispute.

In 2019, Mr. Trump attempted to make Mr. Cuccinelli the acting head of the ministry’s citizenship and immigration services agency. But in March 2020, a federal judge ruled his appointment illegal, overturning policies he had taken because he lacked legal authority to hold the post. The Trump administration has not appealed this decision.

The administration also tried to make Mr. Cuccinelli the No. 2 in the department, giving him the title of senior official performing the duties of deputy secretary. In August, the Government Accountability Office issued an opinion that this appointment was also legally invalid, although it was not a court decision.

Mr Cuccinelli has repeatedly pressured ICE leaders to adopt stricter policies. Shortly after joining Citizenship and Immigration Services, Mr. Cuccinelli pushed the agency to add new restrictions to the student visa program, which is under the authority of ICE and not the agency. that he was supposed to lead at the time. His actions angered other ministry officials and prompted intervention from Kevin K. McAleenan, a former acting secretary of homeland security.