Trump's New DHS Pick Faces Legal Uncertainty

President Trump’s pick to take over the Homeland Security Department on a temporary basis could face a legal challenge to his appointment, as a federal statute appears to require another official to assume the job. Former DHS Secretary Kirstjen Nielsen stepped down over the weekend, creating a vacancy at the top of the department. Trump quickly named current Customs and Border Protection Commissioner Kevin McAleenan as acting secretary. A provision of the fiscal 2017 defense authorization bill signed into law by President Obama, however, clearly designates the DHS undersecretary for management as the top official in the event that both the secretary and deputy secretary positions are vacant.