This distinction will allow Cucinnelli to run the agency without Trump firing acting USCIS deputy director Mark Koumans, Politico reports, citing a current and a former DHS official. “The officials expected the administration to make the ‘principal deputy director’ position the top role in the department, which would allow Cuccinelli to become acting director under a provision of the Federal Vacancies Reform Act.”…

Cuccinelli isn’t alone — this is how Trump named Mark Morgan acting head of ICE, Politico reports. The White House hasn’t nominated either Morgan or Cuccinelli to fill these roles permanently, and Cuccinelli likely wouldn’t be confirmed if Trump did nominate him, given the bipartisan opposition he faces.