Ken Cuccinelli

Cuccinelli's appointment was ruled unlawful by U.S. District Judge Randolph Moss on March 1, 2020, who found it to be in violation of the Federal Vacancies Reform Act of 1998.

In September 2019, a lawsuit was filed challenging his asylum directives, partially on the basis that his appointment was invalid. On March 1, 2020 US District Court Judge Randolph D. Moss ruled that Cuccinelli was not lawfully appointed to serve as acting director and therefore lacked authority to issue two of the directives challenged in the lawsuit. Because the case was not filed as a class action, Moss was "unconvinced" that his relief should be extended to other asylum seekers not part of the original suit.

On March 1, 2020, the United States District Court for the District of Columbia ruled that Cuccinelli's appointment as USCIS director was illegal because the newly created principal deputy director role did not count as a "first assistant" under the Federal Vacancies Reform Act of 1998 because he had never served in a subordinate role to any other USCIS official. This decision caused the suspension of all directives issued by him.

Cuccinelli was appointed as a member of the White House Coronavirus Task Force on January 29, 2020.

Cuccinelli was appointed to serve as the acting Director of the United States Citizenship and Immigration Services (USCIS) in June 2019.

In July 2019, Cuccinelli blamed an asylum seeker for the asylum seeker's own death and that of his daughter who were found dead on the banks of the Rio Grande River. He said, "The reason we have tragedies like that on the border is because those folks, that father didn't want to wait to go through the asylum process in the legal fashion, so decided to cross the river". He said in an interview that the administration is prepared to deport approximately 1 million undocumented immigrants who have final removal orders already in place.

On August 12, 2019, Cuccinelli announced a revised regulation, to go into effect October 15, 2019, expanding the public charge requirements for legal immigration. Green cards and visas can be denied if people are likely to need federal, state and local government benefits including food stamps, housing vouchers and Medicaid. When asked whether this change contradicted the poem welcoming the impoverished and persecuted engraved at the base of the Statue of Liberty, Cuccinelli offered a revision, "Give me your tired and your poor who can stand on their own two feet and who will not become a public charge." The original poem, Emma Lazarus's "The New Colossus", states "Give me your tired, your poor, your huddled masses yearning to breathe free, The wretched refuse of your teeming shore." Cuccinelli asserted the new requirements were consistent with the public charge laws, which first passed in 1882: the same era as the poem. He further asserted that the poem referred to European immigrants, though these assertions were disputed by Lazarus's biographer.

In October 2019, Ken Cuccinelli testified to a Congressional investigation that he alone had made the decision to end the medical deferred action program, a decision which he reversed after public outcry, and complaints from some patients in the U.S. for medical care that they would die if deported to their home countries.

On November 13, 2019, newly sworn-in Acting Secretary of Homeland Security Chad Wolf named Cuccinelli to be the Acting Deputy Secretary of Homeland Security. Cuccinelli continued to serve concurrently in the acting USCIS director role.

In early polls on the 2017 gubernatorial race, Cuccinelli was a frontrunner for the Republican nomination. However, in April 2016, Cuccinelli announced that he would not run for governor in 2017.

In January 2017, Cuccinelli filed a legal brief on behalf of the Virginia Poverty Law Center, challenging a 2015 law which freezes base electricity rates charged by Dominion Power, one of the state's most powerful corporations, and Appalachian Power Company. The basis of the brief is that the law allows these semi-public electric utility companies to charge excess rates. Cuccinelli said "This is a legalized transfer [of money] from poorer Virginians to two utility companies. It is unfair and unjust and unconstitutional, and it's bad policy."

In the 2016 presidential election, Cuccinelli served as an advisor to Ted Cruz's campaign, leading the campaign's effort to win delegates for Cruz at the 2016 Republican National Convention.

In May 2016, Cuccinelli was named general counsel of the FreedomWorks Foundation, where he helps state attorneys general who want to oppose a federal regulation.

During the 2016 Republican convention, Cuccinelli led an effort to prevent Donald Trump from receiving the Republican presidential nomination. He was a staunch Ted Cruz supporter during the 2016 Republican primaries.

On May 18, 2013, Cuccinelli won the Republican Party's gubernatorial nomination at the state party convention. Cuccinelli was the Republican nominee for Governor of Virginia in the 2013 Virginia gubernatorial election, losing to the Democratic nominee, Terry McAuliffe, by 56,435 votes or 2.5% of the total votes cast.

In March 2013, Cuccinelli's role in a tax dispute case came into question when media reported on a lawsuit between the state of Virginia and Star Scientific, a nutritional supplements company. The Washington Post reported that Cuccinelli had failed to disclose investments in Star Scientific for a year; after realizing the oversight, he corrected it and disclosed the holdings. Cuccinelli has disclosed $18,000 in gifts from Star Scientific's chief executive, Jonnie R. Williams. He said he could not return them because they were dinners, vacations, and flights; things that could not be returned. He has sold his stock in the company.

The Washington Post found no evidence that Cuccinelli sought to personally intervene in the lawsuit. In April 2013, Cuccinelli recused himself from the case, hiring private attorneys to defend the state. Cuccinelli subsequently announced that he had discovered the equivalent of $4,500 in additional gifts from Jonnie R. Williams that he had not previously disclosed, including free use of Williams' Smith Mountain Lake vacation lodge in 2010 and 2012. In response, Cuccinelli asked the Commonwealth's attorney to review his disclosure filings. On July 18, 2013, a state prosecutor announced that he had found no evidence that Cuccinelli had violated the law, saying Cuccinelli did not appear to be attempting to conceal the relationship with Williams and he did not intentionally mischaracterize any gifts.

In September 2013, Cuccinelli donated, from his personal money, an amount equivalent to the value of the gifts he received from Williams to charity.

Cuccinelli has been a staunch advocate against human trafficking during his time in office, describing it as "one of the most egregious human rights violations". He has slammed popular media for portraying prostitution and other forms of selling sex as "just another career choice". While in the state Senate he created a plan, which he has implemented as attorney general, to crack down on trafficking on the state and served on the Senate Human Trafficking Commission. As attorney general, he has devoted full-time staff in the attorney general's office to prosecute human trafficking, and in May 2013 one of his assistant attorneys general was honored by the National Center for Missing and Exploited Children for breaking up and prosecuting a sex trafficking ring in Fairfax County. The advocacy group Polaris Project named Virginia one of the most improved states in cracking down on human trafficking in 2010 under Cuccinelli's leadership. He made human trafficking legislation his priority in his efforts during the 2013 General Assembly session, teaming up with Democratic and Republican lawmakers in support of three anti-human trafficking bills, all of which were passed and signed into law.

Cuccinelli opposes homosexuality, describing homosexual acts as "against nature" and "harmful to society." He defended the constitutionality of Virginia laws prohibiting sodomy. In March 2013, a panel of the U.S. Court of Appeals struck down Virginia's anti-sodomy law in a case involving William Scott MacDonald, a 47-year-old man who solicited, but did not receive, oral sex from a 17-year-old girl, finding it unconstitutional based on the Supreme Court's 2003 ruling in Lawrence v. Texas". On June 25, 2013, Cuccinelli filed an appeal with the U.S. Supreme Court, asking the Court to uphold the law, saying the appeals court ruling would release MacDonald from probation and "threatens to undo convictions of child predators that were obtained under this law after 2003." Although the statute purported to ban all acts of sodomy and made no mention of age, Cuccinelli said the law is important for prosecutors to be able to "obtain felony charges against adults who commit or solicit this sex act with minors," and noted that the law "is not – and cannot be – used against consenting adults acting in private." In October 2013, the U.S. Supreme Court denied Cuccinelli's appeal.

After his election as attorney general, it was speculated that Cuccinelli was a potential candidate for governor in the 2013 election or for the United States Senate in 2014. Cuccinelli himself stated that he was considering running for the Senate. Two days later, one of his aides said, "We haven't ruled out anything. He's not actively considering a run for any particular office at the moment. Ken is operating under the assumption that he will run for reelection [in 2013]. He hasn't ruled out any option besides running for president, which he has no desire to do."

Cuccinelli lost to Terry McAuliffe on November 5, 2013, by 56,435 votes, or 2.5% of total ballots cast. The Libertarian Party candidate, Robert Sarvis, received 146,084 votes, or 6.5% of the vote total.

Cuccinelli is married to Teiro Davis, whom he met when she moved into his neighborhood in high school. He took her to the prom, but they went their separate ways after high school until Cuccinelli called her during college. The couple became engaged in their last year of college. They have seven children – two boys and five girls. They live in Nokesville, Prince William County, Virginia.

In February 2012, Cuccinelli filed a brief in the case of seven Anglican parishes that had left the Episcopal Diocese of Virginia as part of the Anglican realignment, including The Falls Church and Truro Church. Cuccinelli took the side of the departing Anglican churches, arguing that they should be entitled to keep personal property amounting to several million dollars that was donated to the parishes between 2003 and 2007 and marked by the donors as for the use of parishes only, not for the diocese. Cuccinelli made this argument on "donor intent" grounds. "That donor intent is paramount," Cuccinelli argued, "and governs the disposition of property, both real and personal, by one entrusted with its management, is a principle beyond dispute and interwoven throughout the law governing charitable trusts." The Fairfax County Circuit Court should not rule, Cuccinelli concluded, "in violation of the clearly expressed intent of the donors."

On January 28, 2011, Cuccinelli issued a legal opinion saying that school systems could not charge students the $75 testing fee when students take Advance Placement (AP) tests. Typically, AP courses are offered to academically advanced high school students to teach college-level materials. At the end of the course, students take a nationally administered AP test, and can receive college credit if the test score meets a specified level. Cuccinelli said that public schools were required to provide a free education, so schools could not charge students taking the AP class the exam fee.

On November 30, 2011, The Washington Post reported that Cuccinelli would announce within days that he was running for governor in 2013; the next day, Cuccinelli confirmed that he would run. Cuccinelli said he would continue serving as Attorney General during his run. He is the first Attorney General since 1985 to remain in office while seeking the Governorship rather than resign the position while seeking the office, a "custom" that the last six Attorneys General to run for Governor have adhered to.

Cuccinelli was inaugurated on January 16, 2010. He donated $100,000 from his inauguration fundraising effort to a Richmond non-profit that provides medical and mental health services to the homeless, saying inauguration events should be used to shed light on impoverished and underserved citizens.

In 2010, Cuccinelli filed a federal lawsuit (Virginia v. Sebelius) challenging the constitutionality of the Affordable Care Act (Obamacare), claiming that it exceeded the federal government's power under the interstate commerce clause of the Constitution. He was the first attorney general to file a lawsuit against the ACA. During his 2013 run for governor, Cuccinelli opposed the ACA's Medicaid expansion. The lawsuit was unsuccessful.

In July 2010, Cuccinelli joined eight other states in filing an amicus brief opposing the federal government's lawsuit challenging an Arizona immigration enforcement statute.

In August 2010, Cuccinelli issued a legal opinion authorizing law enforcement officials to investigate the immigration status of anyone that they have stopped; previously this was done only for those arrested. Cuccinelli noted that the authority to investigate the immigration status of a stopped person should not "extend the duration of a stop by any significant degree." Critics note that the opinion circumvents changing the policy by legislation and that bills to make this change have died in the General Assembly.

In 2010, Cuccinelli filed a request with the Environmental Protection Agency to reopen its proceeding regarding EPA's finding that greenhouse gasses endanger public health. He also sought judicial review of EPA's finding in Federal court. His press statement explained, "We cannot allow unelected bureaucrats with political agendas to use falsified data to regulate American industry and drive our economy into the ground". In 2012, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit rejected Cuccinelli's arguments, unanimously ruling in Coalition for Responsible Regulation v. U.S. Environmental Protection Agency that the EPA had the authority to regulate greenhouse gas emissions as part of a strategy to address anthropogenic climate change and that the EPA's finding that "greenhouse gases in the atmosphere may reasonably be anticipated both to endanger public health and to endanger public welfare" was well-founded in science and public policy.

In 2010, Cuccinelli announced he would challenge the March 2010 standards for motor vehicle fuel efficiency specified in the Clean Air Act.

In April 2010, Cuccinelli served a civil investigative demand on the University of Virginia seeking a broad range of documents related to Michael E. Mann, a climate researcher now at Penn State who was an assistant professor at UVA from 1999 to 2005. Cuccinelli based his demand on the 2002 Virginia Fraud Against Taxpayers Act, although no evidence of wrongdoing was given to explain the invocation of the law. Following the Climatic Research Unit email controversy numerous accusations about Mann's work on climate reconstructions had been sent to the university, and investigations of these allegations by the U.S. National Academy of Sciences and Penn State subsequently cleared Mann of any wrongdoing. The Washington Post quoted Rachel Levinson, senior counsel with the American Association of University Professors (AAUP) as saying Cuccinelli's request had "echoes of McCarthyism." A. Barton Hinkle of the Richmond Times-Dispatch criticized Cuccinelli for "employing a very expansive reading of Virginia's Fraud Against Taxpayers Act."

Among the groups urging the University of Virginia to resist producing the data were: a letter published in Science signed by 255 members of the United States National Academy of Sciences, the American Civil Liberties Union and the AAUP. Also in May 2010, the University of Virginia Faculty Senate Executive Council wrote a letter strongly rebuking Cuccinelli for his civil investigative demand of the Mann records, stating that "[Cuccinelli's] action and the potential threat of legal prosecution of scientific endeavor that has satisfied peer-review standards send a chilling message to scientists engaged in basic research involving Earth's climate and indeed to scholars in any discipline." In 2011 in response to the escalating attacks from the Virginia AG's office, the Union of Concerned Scientists published a defense of scientific integrity titled "Timeline: Legal Harassment of Climate Scientist Michael Mann".

In May 2010, the University of Virginia began legal proceedings challenging Cuccinelli's investigative demand. The school's petition states that Virginia's "Fraud Against Taxpayers Act" (FATA) cited by Cuccinelli is not applicable in this case, as four of the five grants were federal, and that the fifth was an internal University of Virginia grant originally awarded in 2001. The filing also states that FATA was enacted in 2003 and is not retroactive.

In August 2010, Albermarle Circuit Court Judge Paul Peatross heard argument on when Cuccinelli should get the requested data. On August 30, 2010, Judge Paul M. Peatross Jr. said that "the nature of the conduct is not stated so that any reasonable person could glean what Dr. Mann did to violate the statute," the judge wrote.

In September 2010, Virginia Attorney General Ken Cuccinelli sent a new civil subpoena to the University of Virginia renewing a demand for documents related to the work of Mann. Cuccinelli narrowed his request to documents related to a grant that funded research unrelated to climate reconstructions. The demand also sought emails between Mann and 39 other climate change scientists. Cuccinelli filed a notice of appeal of the case to the Virginia Supreme Court, which ruled that Cuccinelli did not have the authority to make these demands. The outcome was hailed as a victory for academic freedom.

Cuccinelli received $55,500 in campaign contributions from Bobby Thompson, a director of the U.S. Navy Veterans Association. The group was later found to be a racket. Thompson was Cuccinelli's second-largest campaign donor. After receiving the contribution, Cuccinelli met with Samuel F. Wright, a USNVA representative on February 15, 2010, to discuss legislation which had passed the State Senate that would exempt the group from having to register with Virginia regulators.

After an investigative report in the St. Petersburg Times in March 2010 raised questions about the Navy Veterans Association and Thompson, all other Virginia politicians, including Gov. Bob McDonnell, donated contributions from Thompson to other veterans' organizations. Cuccinelli refused to do so, despite calls from Virginia Democrats. Cuccinelli's spokesman said "if Mr. Thompson was convicted of wrongdoing relative to the misappropriation of funds, and contributions to our campaign came from money that was supposed to go to active duty military or veterans, we would donate those contributions to military support organizations here in Virginia." Sen. Don McEachin asserted that the standard for donations should be "much higher than that." A month later in June, a Cuccinelli spokesman said $55,500 would be set aside in a restricted account pending the outcome of the investigation into Thompson and USNVA. On July 28, 2010, Cuccinelli announced that he would donate the $55,000 to veterans' charities in Virginia. Cuccinelli stated that his decision was prompted by statements from Thompson's lawyers indicating that Thompson could no longer be located.

In May 2010, Cuccinelli used a historical state seal which shows Virtus, the Roman goddess of bravery and military strength, carrying a breastplate to cover her left breast on lapel pins he provided as gifts to his office staff. The current official seal shows Virtus holding a spear and her left breast is exposed. The original state seal was designed by George Wythe, a signer of the Declaration of Independence, and adopted in 1776. Cuccinelli's spokesman, Brian Gottstein, said lapel pins with the breast covered were paid for by Cuccinelli's political action committee, not with taxpayer funds.

Since 2007, the Virginia Attorney General's Office has negotiated settlements of almost $8 million representing refunds from eight auto-title lenders. The office filed a lawsuit on May 18, 2010 against CNC Financial Services, Inc., doing business as Cash-N-A-Flash, a Hampton-based auto "title lender," for charging interest rates of 300 percent or more on its loans. This rate is alleged to exceed the 12 percent limit in the Virginia's Consumer Finance Act. However, effective October 1, 2010, Virginia's interest rate limit increased to 264 percent.

In 2010, Cuccinelli announced plans to introduce a new level of veterans advocacy to the Attorney General's office, including training state agencies how to use the law to better advocate for their clients when it comes to obtaining federal veterans benefits. Cuccinelli said that one of the most important things he could do for veterans was to help speed up the process for them to obtain the services they are eligible for from the U.S. Department of Veterans Affairs. Other priority issues include ensuring that veterans have opportunities to become and stay employed in Virginia and working with the Virginia judiciary to determine how best to educate judges on how posttraumatic stress disorder and traumatic brain injury issues affect veterans.

Jens Soering, 43, the son of a German diplomat and former Jefferson scholar at the University of Virginia, was convicted in 1990 and sentenced to two life terms for the 1985 first-degree stabbing murders of his then-girlfriend's parents, Derek and Nancy Haysom, in their Bedford County home, and held at the Buckingham Correctional Center in Dillwyn, Virginia. Former Gov. Timothy Kaine, on the last day of his administration in January 2010, approved a request from the German government and asked the Justice Department to transfer Soering back to Germany to complete his sentence. Newly elected Gov. Bob McDonnell, along with Cuccinelli, adamantly opposed the transfer. McDonnell formally notified the Justice Department just three days after taking office that it was imperative that Soering serve his time in Virginia and not in Germany, where a US news report said that he could have applied for parole after two years, although parole is only applicable after a minimum 15 years according to the German penal code. On July 7, 2010, U.S. Attorney General Eric Holder announced that he would not consider transferring Soering to a prison in his home country without the state's "clear and unambiguous" consent.

On November 24, 2010, Cuccinelli issued a legal opinion that police, school administrators, and teachers could search students' cell phones on the basis of reasonable suspicions in order to deter cyberbullying and "sexting". The ACLU and the Rutherford Institute said that Cuccinelli's opinion was in error, lacking a legal foundation.

In 2010, Cuccinelli called on Virginia universities to remove "'sexual orientation,' 'gender identity,' 'gender expression,' or like classification, as a protected class within its nondiscrimination policy, absent specific authorization from the General Assembly." Virginia Democratic State Senator John Edwards said that Cuccinelli was "turning back the clock on civil rights in Virginia." The American Association of University Professors and the University of Virginia also criticized the opinion. Cuccinelli defended the legal opinion: "Our role isn't in the political arena on this subject. Our role is to give legal advice, to state what the law is." The Washington Post said previous attorneys general of both parties held that local governments could not enact nondiscrimination policies for the same reason that Cuccinelli cited. Republican Governor Bob McDonnell supported the legal reasoning in the opinion. However, he issued Executive Directive One to all state agency heads stating that he would not allow them to discriminate based on sexual orientation.

In 2010, Cuccinelli made statements that appeared to question whether President Barack Obama was born in the United States. He later backed away from the statements.

In 2009, Cuccinelli was selected as the Republican nominee for attorney general, going on to win 58% of the vote (1,123,816 votes). Republican Bob McDonnell became governor, and Bill Bolling was re-elected as lieutenant governor.

Cuccinelli is a longtime advocate for gun rights. sponsored legislation to repeal the prohibition on carrying a concealed handgun in a restaurant or club, for Virginia to recognize concealed handgun permits from other states, and to shield concealed handgun permit application data from Freedom of Information Act requests. Under Cuccinelli's proposal a person could only be disqualified for such a permit by a court ruling based on the applicant's past actions. In the 2009 legislative session, a bill Cuccinelli introduced was passed that, for the purposes of granting a Virginia concealed handgun permit, required the state to accept as proof of "handgun competence" any certificate from an online handgun safety course featuring an NRA Certified instructor.

Cuccinelli opposes a right to terminate a pregnancy. In November 2008 he was named the Family Foundation of Virginia "Legislator of the Year." Cuccinelli sponsored a number of bills to discourage abortions, including requiring doctors to anesthetize fetuses undergoing late term abortions, altering the licensing and regulation of abortion clinics, and requiring that a doctor save the fetal tissue when performing an abortion on a woman under age 15, for forensic use. As a state senator, he advanced legislation to make abortion clinics subject to the same health and safety standards as outpatient surgical hospitals. He supported two "personhood" bills that sought to provide human embryos with legal rights.

A $173 million settlement was reached with six international manufacturers of computer chips. The settlement resolved claims that the companies engaged in a price-fixing arrangement that cost government purchasers and consumers millions of dollars in overcharges for their chips. Cuccinelli and 32 other state attorneys general participated in the investigation and the settlement of a court case that was first filed in Court in 2006, before Cuccinelli took office.

In 2006, Cuccinelli sent out a fundraising letter that criticized the Virginia Senate's Republican majority for passing a gasoline tax increase. The letter elicited rebuke from fellow Republican Tommy Norment. In his 2013 campaign, Cuccinelli proposed cutting the top individual income rate from 5.75 percent to 5 percent and the corporate income tax rate from 6 percent to 4 percent for a total reduction in tax revenue of about $1.4 billion a year. He has stated that he would offset that lost revenue by slowing the growth of the state's general fund spending and by eliminating unspecified tax exemptions and loopholes.

In the 2005, 2006 and 2007 legislative sessions, Cuccinelli worked to pass eminent domain (compulsory purchase) laws that prevented local and state governments from taking private homes and businesses for developers' projects. In April 2010, Cuccinelli told the Roanoke Chamber of Commerce that he wanted to improve the protection of property rights in Virginia's Constitution. "There is no consistency on the application of eminent domain throughout Virginia," he said. In 2012, Cuccinelli championed a constitutional amendment to prohibit eminent domain from being used to take private land for private gain, thus restricting it to being used only for public gain. The amendment was placed on the ballot for a voter referendum in the 2012 general election, and was passed 74%–26%.

In 2005, Cuccinelli was the chief patron of SB873, legislation that entitled law enforcement officers to overtime pay from local governments for hours worked while on vacation or other leave.

Cuccinelli ran for the state Senate in the 37th District in an August 2002 special election. He defeated Democrat Catherine Belter 55%–45%. In 2003, he was re-elected to his first full term, defeating Democrat Jim E. Mitchell III 53%–47%. In 2007, he barely won re-election to his second full term, narrowly defeating Democrat Janet Oleszek by a 0.3-point margin, a difference of just 92 votes out of about 37,000 votes cast.

Cuccinelli was born in Edison, New Jersey, the son of Maribeth (née Reilly) and Kenneth Thomas Cuccinelli. His father is of Italian descent and his mother is of Irish ancestry. He graduated from Gonzaga College High School in 1986, and received his Bachelor of Science in Mechanical Engineering from the University of Virginia, a Juris Doctor degree from George Mason University School of Law, and an M.A. in International Commerce and Policy from George Mason University.

Kenneth Thomas Cuccinelli II (/ˈ k uː tʃ ɪ ˈ n ɛ l i / KOO -chi-NEL -ee; born July 30, 1968) is an American politician and lawyer who is the Acting Deputy Secretary of Homeland Security and was appointed the acting Principal Deputy Director of the U.S. Citizenship and Immigration Services (USCIS) agency. He previously served as the 46th attorney general of Virginia from 2010 until 2014, and acting Director of USCIS agency. Before this, he was in the Virginia Senate, representing the 37th district in Fairfax County from 2002 until he took office as attorney general in 2010.

The seal on my pin is one of many seal variations that were used before a uniform version was created in 1930. I felt it was historic and would be something unique for my staff. My joke about Virtue being a little more virtuous in her more modest clothing was intended to get laughs from my employees – which it did!