McAleenan says he’ll stay on at DHS until replacement is announced

Acting Homeland Security Secretary Kevin McAleenan said Wednesday he’s willing to remain in the role if necessary while President Trump settles on a replacement.

McAleenan’s resignation is set to take effect at the end of the day on Thursday. But Trump, facing a dearth of options for a replacement due to an abundance of acting officials in the department, has yet to announce a successor.

{mosads}”I hope a plan for the successor is imminent, but if necessary I will absolutely ensure a smooth transition,” McAleenan said at the end of a House Homeland Security Committee hearing.

Trump tweeted Oct. 11 that McAleenan would step down from his post. The president said in a tweet at the time that he would reveal his replacement the following week, but no pick has been announced.

The White House did not respond to requests for comment about the timeline of the announcement.

The delay may be in part because of legal restrictions on who is qualified to serve as acting secretary.

Trump’s top two choices to replace McAleenan — U.S. Citizenship and Immigration Services (USCIS) acting Director Ken Cuccinelli and Customs and Border Protection (CBP) acting Commissioner Mark Morgan — are ineligible under the Vacancies Act, which stipulates officials can’t hold two acting titles concurrently at the Department of Homeland Security. 

The department is riddled with acting officials, complicating the search for an interim replacement for McAleenan.

There is no Senate confirmed deputy secretary and multiple under secretary positions remain vacant, and the leaders of CBP, USCIS, Immigrations and Customs Enforcement and the Federal Emergency Management Agency are all serving on an acting basis.

The White House is reportedly looking into a loophole that would allow them to appoint Cuccinelli to a principled position in the department on a full-time basis. He would then be able to legally serve as acting Homeland Security secretary. 

But McAleenan told lawmakers on Wednesday that he does not plan to rewrite the rules of succession before he leaves in order to alter who would be next in line to replace him and that the administration “will follow the law” when installing the next secretary.