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 ThunePassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Senate GOP campaign chief talks strategy with Trump Graham, Trump huddle to talk GOP's 2022 strategy MORE (R-S.D.), the No. 2 Senate Republican, told reporters.
John Randolph ThunePassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Senate GOP campaign chief talks strategy with Trump Graham, Trump huddle to talk GOP's 2022 strategy 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 CornynPassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Biden signs supply chain order after 'positive' meeting with lawmakers Democrats look to improve outreach to Asian and Latino communities 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 McConnellKlain on Manchin's objection to Neera Tanden: He 'doesn't answer to us at the White House' Democratic fury with GOP explodes in House Murkowski undecided on Tanden as nomination in limbo MORE (R-Ky.).
John CornynPassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Biden signs supply chain order after 'positive' meeting with lawmakers Democrats look to improve outreach to Asian and Latino communities 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 McConnellKlain on Manchin's objection to Neera Tanden: He 'doesn't answer to us at the White House' Democratic fury with GOP explodes in House Murkowski undecided on Tanden as nomination in limbo MORE (R-Ky.). 
Donald TrumpSenators given no timeline on removal of National Guard, Capitol fence Democratic fury with GOP explodes in House Georgia secretary of state withholds support for 'reactionary' GOP voting bills 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 MillerPence huddles with senior members of Republican Study Committee Sunday shows preview: CDC school reopening guidance stirs debate; Texas battles winter freeze Larry Kudlow debuts to big ratings on Fox Business Network MORE. The ousting of Cissna sparked backlash from Senate Finance Committee Chairman Chuck Grassley
Chuck GrassleyGrassley says he'll decide this fall whether to run in 2022 Yellen deputy Adeyemo on track for quick confirmation Durbin: Garland likely to get confirmation vote next week MORE (R-Iowa), who called acting White House chief of staff Mick Mulvaney
Mick MulvaneyOMB nominee gets hearing on Feb. 9 Republicans now 'shocked, shocked' that there's a deficit Financial firms brace for Biden's consumer agency chief MORE to make the case for keeping the former Grassley staffer in the USCIS position.
Chuck GrassleyGrassley says he'll decide this fall whether to run in 2022 Yellen deputy Adeyemo on track for quick confirmation Durbin: Garland likely to get confirmation vote next week MORE (R-Iowa), who called acting White House chief of staff Mick MulvaneyMick MulvaneyOMB nominee gets hearing on Feb. 9 Republicans now 'shocked, shocked' that there's a deficit Financial firms brace for Biden's consumer agency chief 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 RubioRep. Stephanie Murphy says she's 'seriously considering' 2022 challenge to Rubio The Hill's Morning Report - Presented by The AIDS Institute - Finger-pointing on Capitol riot; GOP balks at Biden relief plan Sanders votes against Biden USDA nominee Vilsack 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 RubioRep. Stephanie Murphy says she's 'seriously considering' 2022 challenge to Rubio The Hill's Morning Report - Presented by The AIDS Institute - Finger-pointing on Capitol riot; GOP balks at Biden relief plan Sanders votes against Biden USDA nominee Vilsack 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 RomneyRomney-Cotton, a Cancun cabbie and the minimum wage debate Biden's picks face peril in 50-50 Senate Murkowski undecided on Tanden as nomination in limbo 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 RomneyRomney-Cotton, a Cancun cabbie and the minimum wage debate Biden's picks face peril in 50-50 Senate Murkowski undecided on Tanden as nomination in limbo 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.
