The Trump administration is using a workaround to retain its preferred U.S. attorney in Seattle, despite his lack of confirmation by the U.S. Senate. It’s a tactic the Justice Department has employed elsewhere, resulting in some legal challenges.

Former immigration judge Charles Neil Floyd has served as “interim” U.S. attorney for Western Washington since October. But facing a crucial deadline this week, the Justice Department changed his title to “First Assistant U.S. Attorney” — as it has done for Pete Serrano in Eastern Washington. The change keeps Floyd as the leader of the Seattle office, for now, since the position above him is technically vacant.

“While my title has changed, what has not changed is my leadership of the men and women of the U.S. Attorney’s Office," Floyd said in a statement to KUOW. "It is an honor to lead the experienced litigators and professional staff who work every day to do justice in our community.”

He added, “My background in immigration law has been very useful as we respond to department priorities around immigration enforcement.”