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 Thune'The era of bipartisanship is over': Senate hits rough patch Bipartisan talks sow division among Democrats Senate passes long-delayed China bill MORE (R-S.D.), the No. 2 Senate Republican, told reporters.
John Randolph Thune'The era of bipartisanship is over': Senate hits rough patch Bipartisan talks sow division among Democrats Senate passes long-delayed China bill 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 CornynBipartisan lawmakers want Biden to take tougher action on Nicaragua Bipartisan Senate group announces infrastructure deal McConnell: 'Good chance' for infrastructure deal after talks unravel 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 McConnellMaher goes after Manchin: 'Most powerful Republican in the Senate' Supreme Court confounding its partisan critics Why the Democrats need Joe Manchin MORE (R-Ky.).
John CornynBipartisan lawmakers want Biden to take tougher action on Nicaragua Bipartisan Senate group announces infrastructure deal McConnell: 'Good chance' for infrastructure deal after talks unravel 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 McConnellMaher goes after Manchin: 'Most powerful Republican in the Senate' Supreme Court confounding its partisan critics Why the Democrats need Joe Manchin MORE (R-Ky.). 
Donald TrumpEx-DOJ official Rosenstein says he was not aware of subpoena targeting Democrats: report Ex-Biden adviser says Birx told him she hoped election turned out 'a certain way' Cheney rips Arizona election audit: 'It is an effort to subvert democracy' 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 MillerShelby backs ex-aide over Trump-favored candidate in Alabama Senate race Pro-Trump group presses Biden officials for records on critical race theory The Memo: Biden feels the heat from all sides on immigration MORE. The ousting of Cissna sparked backlash from Senate Finance Committee Chairman Chuck Grassley
Chuck GrassleyHouse unveils antitrust package to rein in tech giants Iowa governor questions lack of notice on migrant children flights to Des Moines Senate crafts Pelosi alternative on drug prices MORE (R-Iowa), who called acting White House chief of staff Mick Mulvaney
Mick MulvaneyHeadhunters having hard time finding jobs for former Trump officials: report Trump holdovers are denying Social Security benefits to the hardest working Americans Mulvaney calls Trump's comments on Capitol riot 'manifestly false' MORE to make the case for keeping the former Grassley staffer in the USCIS position.
Chuck GrassleyHouse unveils antitrust package to rein in tech giants Iowa governor questions lack of notice on migrant children flights to Des Moines Senate crafts Pelosi alternative on drug prices MORE (R-Iowa), who called acting White House chief of staff Mick MulvaneyMick MulvaneyHeadhunters having hard time finding jobs for former Trump officials: report Trump holdovers are denying Social Security benefits to the hardest working Americans Mulvaney calls Trump's comments on Capitol riot 'manifestly false' 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 RubioFive years after the Pulse nightclub massacre the fight for LGBTQ+ rights continues Rubio calls on Biden to 'forcefully' confront Iran over movement of war ships Bipartisan lawmakers want Biden to take tougher action on Nicaragua 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 RubioFive years after the Pulse nightclub massacre the fight for LGBTQ+ rights continues Rubio calls on Biden to 'forcefully' confront Iran over movement of war ships Bipartisan lawmakers want Biden to take tougher action on Nicaragua 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 Romney Eugene Goodman to throw out first pitch at Nationals game White House briefed on bipartisan infrastructure deal but says questions remain On The Money: Consumer prices jumped 5 percent annually in May | GOP senators say bipartisan group has infrastructure deal 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 Romney Eugene Goodman to throw out first pitch at Nationals game White House briefed on bipartisan infrastructure deal but says questions remain On The Money: Consumer prices jumped 5 percent annually in May | GOP senators say bipartisan group has infrastructure deal 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.
