Senate Republicans are warning that Ken Cuccinelli, who was tapped Monday to serve as the acting head of U.S. Citizenship and Immigration Services (USCIS), will not be confirmed by the GOP-controlled Senate.
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Cuccinelli started his job atop the immigration agency Monday, a controversial move that came even after top Senate Republicans publicly warned that the former Senate Conservatives Fund leader would face a rocky reception on Capitol Hill.
Trump hasn't said if he will try to get Cuccinelli confirmed to the spot on a permanent basis. But Republican senators sent a warning shot on Monday, predicting that he likely cannot be confirmed in the GOP-controlled Senate, where a nomination has to lose four Republican senators to fall short of the simple majority required for nominations.
"I think … he would have had a hard time getting confirmed," Sen. John Thune
John Randolph ThuneGOP faces internal conflicts on fifth coronavirus bill On The Money: Jobless rate exceeds 20 percent in three states | Senate goes on break without passing small business loan fix | Biden pledges to not raise taxes on those making under 0K Senate leaves for break without passing Paycheck Protection Program fix MORE (R-S.D.), the No. 2 Senate Republican, told reporters.
John Randolph ThuneGOP faces internal conflicts on fifth coronavirus bill On The Money: Jobless rate exceeds 20 percent in three states | Senate goes on break without passing small business loan fix | Biden pledges to not raise taxes on those making under 0K Senate leaves for break without passing Paycheck Protection Program fix MORE (R-S.D.), the No. 2 Senate Republican, told reporters. Asked about putting Cuccinelli in the spot in an "acting" capacity, Thune added that it's "probably the only way they could get him in there" and that it would be "hard" for the administration to get the former Virginia attorney general in the role permanently.
Sen. John Cornyn
John CornynFive questions about the next COVID-19 relief package Hillicon Valley: Lawmakers demand answers on Chinese COVID hacks | Biden re-ups criticism of Amazon | House Dem bill seeks to limit microtargeting Lawmakers ask for briefings on Chinese targeting of coronavirus research MORE (R-Texas), a member of GOP leadership, added that he doesn't support Cuccinelli as USCIS chief, noting his previous role as an antagonist for Senate Republicans, including Majority Leader Mitch McConnell
Addison (Mitch) Mitchell McConnellPence: Next coronavirus relief bill would need legal shield for businesses GOP faces internal conflicts on fifth coronavirus bill State Department scrutiny threatens Pompeo's political ambitions MORE (R-Ky.).
John CornynFive questions about the next COVID-19 relief package Hillicon Valley: Lawmakers demand answers on Chinese COVID hacks | Biden re-ups criticism of Amazon | House Dem bill seeks to limit microtargeting Lawmakers ask for briefings on Chinese targeting of coronavirus research MORE (R-Texas), a member of GOP leadership, added that he doesn't support Cuccinelli as USCIS chief, noting his previous role as an antagonist for Senate Republicans, including Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellPence: Next coronavirus relief bill would need legal shield for businesses GOP faces internal conflicts on fifth coronavirus bill State Department scrutiny threatens Pompeo's political ambitions MORE (R-Ky.). 
Donald John TrumpTrump retweets personal attacks on Clinton, Pelosi, Abrams Biden swipes at Trump: 'Presidency is about a lot more than tweeting from your golf cart' GOP sues California over Newsom's vote-by-mail order MORE, so I doubt he’ll have the support to get confirmed,” Cornyn said.Republicans have a 53-47 majority in the Senate. Cuccinelli would have to lose four Republican senators and win no support from Democrats if he was sent before the Senate for confirmation.
But the pushback from top Senate Republicans comes after McConnell publicly warned earlier this year that he did not want Cuccinelli as the next Department of Homeland Security secretary. Cuccinelli tried to unseat McConnell in 2014, including backing his primary opponent, Matt Bevin.
Stephen MillerTrump camp outraged over Jezebel article calling for Stephen Miller to get coronavirus The Hill's 12:30 Report: White House scrambles after Pence aide tests positive for Covid The Hill's Morning Report - Presented by The American Investment Council - Dems plot CARES 2 bill; infected Pence aide forces VP precautions MORE. The ousting of Cissna sparked backlash from Senate Finance Committee Chairman Chuck Grassley
Charles (Chuck) Ernest GrassleyGOP faces internal conflicts on fifth coronavirus bill State Department scrutiny threatens Pompeo's political ambitions Senators offer bill to prevent relief payments from being seized by private debt collectors MORE (R-Iowa), who called acting White House chief of staff Mick Mulvaney
Mick MulvaneyThe Memo: Trump agenda rolls on amid pandemic Trump taps Brooke Rollins as acting domestic policy chief Navarro fuels tariff speculation: 'Bill has come due' for China MORE to make the case for keeping the former Grassley staffer in the USCIS position.
Charles (Chuck) Ernest GrassleyGOP faces internal conflicts on fifth coronavirus bill State Department scrutiny threatens Pompeo's political ambitions Senators offer bill to prevent relief payments from being seized by private debt collectors MORE (R-Iowa), who called acting White House chief of staff Mick MulvaneyMick MulvaneyThe Memo: Trump agenda rolls on amid pandemic Trump taps Brooke Rollins as acting domestic policy chief Navarro fuels tariff speculation: 'Bill has come due' for China MORE to make the case for keeping the former Grassley staffer in the USCIS position. Cuccinelli is also the latest in a growing number of administration positions Trump is filing in an "acting" capacity, letting him avoid having his nominations go through potentially bloody Senate confirmation battles.
Sen. Marco Rubio
Marco Antonio RubioOverwhelming majority of publicly traded firms have not returned small-business loans: review GOP faces internal conflicts on fifth coronavirus bill COVID-19 makes Trump's work with black Americans that much harder MORE (R-Fla.) said on Monday that he didn't think appointing Cuccinelli in an acting capacity was a "wise move" because the tensions could spill over into other nominations.
Marco Antonio RubioOverwhelming majority of publicly traded firms have not returned small-business loans: review GOP faces internal conflicts on fifth coronavirus bill COVID-19 makes Trump's work with black Americans that much harder MORE (R-Fla.) said on Monday that he didn't think appointing Cuccinelli in an acting capacity was a "wise move" because the tensions could spill over into other nominations. "Just knowing people the way I do, it's going to make some people angry," Rubio said.
Sen. Mitt Romney
Willard (Mitt) Mitt RomneyTrump, GOP go all-in on anti-China strategy Senate panel approves Trump nominee under investigation Pelosi, Democrats press case for mail-in voting amid Trump attacks MORE (R-Utah) said he would give Cuccinelli a "careful review" but indicated he would rather Trump name someone on a permanent basis.
Willard (Mitt) Mitt RomneyTrump, GOP go all-in on anti-China strategy Senate panel approves Trump nominee under investigation Pelosi, Democrats press case for mail-in voting amid Trump attacks MORE (R-Utah) said he would give Cuccinelli a "careful review" but indicated he would rather Trump name someone on a permanent basis. "I prefer votes in the Senate for positions of that nature," he said.
