The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.
Noem Out, Mullin In (Maybe. And Certainly Not Yet). On March 5, 2026, President Donald Trump removed Kristi Noem from her position as secretary of homeland security and reassigned her to be “Special Envoy for The Shield of the Americas,” a new global security initiative. President Trump further announced on social media that Senator Markwayne Mullin (R-OK), would assume the role of secretary of homeland security, “effective March 31, 2026.” Of course, because the secretaryship is a Senate-confirmed position, neither President Trump nor Mullin controls his Senate confirmation date (if he is confirmed) and subsequent swearing-in. Further, neither the Federal Vacancies Reform Act nor the Homeland Security Act of 2002, the latter of which provides a specified order of succession in the absence, disability, or vacancy of the secretary or deputy secretary of homeland security, would permit Mullin to simply be appointed the “acting” secretary of homeland security.
Invalid appointments at DHS were found to have occurred on multiple occasions during President Trump’s first term. For example, in September 2021, a federal district court invalidated an attempted precursor to the current H-1B weighted selection rule because it was approved by an acting homeland security, Chad Wolf, who was found to have...
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