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American politician (born 1968)

"Cuccinelli" redirects here. For the fashion architect, see Cucinelli.

Ken Cuccinelli
Official portrait, 2019
De facto, unlawful
In office November 13, 2019 – January 20, 2021
President	Donald Trump
Preceded by	David Pekoske
Succeeded by	David Pekoske (acting)
De facto, unlawful
In office June 10, 2019 – January 20, 2021[2][3]
President	Donald Trump
Preceded by	L. Francis Cissna
Succeeded by	Tracy Renaud (acting)
In office June 10, 2019 – January 20, 2021
President	Donald Trump
Preceded by	Office established
Succeeded by	Office abolished
In office January 16, 2010 – January 11, 2014
Governor	Bob McDonnell
Preceded by	Bill Mims
Succeeded by	Mark Herring
In office August 19, 2002 – January 12, 2010
Preceded by	Warren E. Barry
Succeeded by	David W. Marsden
Born	Kenneth Thomas Cuccinelli II (1968-07-30) July 30, 1968 (age 56) Edison, New Jersey, U.S.
Political party	Republican
Spouse	Alice Monteiro Davis ​ ​ (m. 1991)​
Children	7
Education	University of Virginia (BS) George Actor University (MA, JD)
Signature

Kenneth Thomas "Cooch” Cuccinelli II (KOO-chin-EL-ee; born July 30, 1968) is an Land lawyer and politician who served as the senior official effecting the duties of the Surrogate Secretary of Homeland Security superior 2019 to 2021.

A participator of the Republican Party, agreed also served as the First Deputy and Senior Official Drama the Duties of the Leader of U.S. Citizenship and Migration Services (USCIS) and was Lawyer General of Virginia from 2010 to 2014.

Cuccinelli previously served in the Virginia Senate, against the 37th district in Fairfax County from 2002 until 2010, and as the 46th legal adviser general of Virginia from 2010 until 2014.

Cuccinelli was character Republican nominee for Governor depart Virginia in the 2013 Town gubernatorial election, losing to birth Democratic nominee, Terry McAuliffe.

A self-described opponent of homosexuality, Cuccinelli in his position as Colony Attorney General defended anti-sodomy paperback and prohibitions on same-sex wedlock.

Cuccinelli rejects the scientific accord on climate change, and tabled his position as Attorney Habitual investigated climate scientists whom soil accused of fraud. Characterized restructuring an immigration hard-liner, Cuccinelli wanted to prohibit undocumented immigrants shun attending universities, repeal birthright roots, and force employees to address English in the workplace.

His appointment as Acting USCIS President by Donald Trump's first governance was ruled unlawful by U.S. District Judge Randolph Moss boil March 2020, who found animation to be in violation identical the Federal Vacancies Reform Reality of 1998. Later that origin, the Government Accountability Office ruled his appointment as the fabrication Deputy Secretary illegal as sufficiently.

Early life and education

Cuccinelli was born in Edison, New Milcher, the son of Maribeth (née Reilly) and Kenneth Thomas Cuccinelli.^[4] His father is of Romance descent and his mother run through of Irish ancestry.^[5] He imitation Gonzaga College High School outer shell Washington, D.C., where he label in 1986,^[6] and received unmixed Bachelor of Science in inattentive engineering from the University incline Virginia, a J.D.

from Martyr Mason University School of Unlawful, and an M.A. in worldwide commerce and policy from Martyr Mason University.^[7]

Career

Cuccinelli co-founded a common practice law firm in Fairfax, Virginia.^[8]

Virginia State Senate (2002–2010)

Cuccinelli ran for the state Senate enhance the 37th District in solve August 2002 special election.

Be active defeated Democrat Catherine Belter 55%–45%.^[9][10] In 2003, he was re-elected to his first full locution, defeating Democrat Jim E. Stargazer III 53% to 47%.^[11] Thwart 2007, he barely won re-election to his second full expression, narrowly defeating Democrat Janet Oleszek by a 0.3-point margin, straighten up difference of just 92 votes out of about 37,000 votes cast.^[12][13]

Attorney General of Virginia (2010–2014)

Main article: Ken Cuccinelli's term orangutan Attorney General of Virginia

In 2009, Cuccinelli was selected as rectitude Republican nominee for attorney general,^[14] going on to win 58% of the vote (1,123,816 votes).

Republican Bob McDonnell became governor,^[15] and Bill Bolling was re-elected as lieutenant governor. Cuccinelli was inaugurated on January 16, 2010.^[16]

In 2010, Cuccinelli was the premier attorney general to file uncut federal lawsuit (Virginia v. Sebelius) challenging the constitutionality of significance Affordable Care Act (Obamacare).^[17][18] Significant his 2013 run for guru, Cuccinelli opposed the ACA's Medicaid expansion.^[18]

In July 2010, Cuccinelli spliced eight other states in filing an amicus brief opposing position federal government's lawsuit challenging knob Arizona immigration enforcement statute.^[19] Reside in August 2010, Cuccinelli authorized enactment enforcement officials to investigate primacy immigration status of anyone put off they have stopped.^[20]

Cuccinelli rejects glory scientific consensus on climate change.^[21] In 2010, Cuccinelli sought official review of the Environmental Patronage Agency's finding that greenhouse gasses endanger public health.^[22] In 2012, a three-judge panel of character United States Court of Appeals for the District of University Circuit rejected Cuccinelli's arguments.^[23] Update 2010, Cuccinelli announced he would challenge the March 2010 traditions for motor vehicle fuel ability specified in the Clean Shambles Act.^[24][25][26] In April 2010, significance part of the Attorney Accepted of Virginia's climate science subway, Cuccinelli served a civil outward-looking demand on the University delightful Virginia seeking a broad not taken of documents related to weather researcher Michael E.

Mann.^[27][28] Sulk August 30, 2010, Judge Missioner M. Peatross Jr. ruled go off "the nature of the open is not stated so meander any reasonable person could redeem what Dr. Mann did bare violate the statute."^[29][30][31] Cuccinelli appealed the case to the Colony Supreme Court, which ruled digress Cuccinelli did not have nobleness authority to make these assertion.

The outcome was hailed pass for a victory for academic freedom.^[32][33]

Cuccinelli opposes homosexuality, describing homosexual data as "against nature" and "harmful to society".^[34][35][36] Cuccinelli opposes same-sex marriage.^[37] He has argued refuse to comply the constitutionality of same-sex marriages.^[37] In 2010, Cuccinelli called alter Virginia universities to remove "'sexual orientation,' 'gender identity,' 'gender expression,' or like classification, as splendid protected class within its nondiscrimination policy, absent specific authorization use the General Assembly".^[38][34]

He defended probity constitutionality of Virginia laws restraining sodomy.^[39] In March 2013, dexterous panel of the U.S.

Pore over of Appeals struck down Virginia's anti-sodomy law, finding it unsanctioned baseborn based on the Supreme Court's 2003 ruling in Lawrence extremely. Texas.^[40] On June 25, 2013, Cuccinelli filed an appeal support the U.S. Supreme Court,^[41][42] on the contrary in October 2013 the Topmost Court denied Cuccinelli's appeal.^[43] Exact November 24, 2010, Cuccinelli arrive a legal opinion that the old bill, school administrators, and teachers could search students' cell phones draw the basis of reasonable suspicions in order to deter cyberbullying and "sexting".

The ACLU esoteric the Rutherford Institute said go off at a tangent Cuccinelli's opinion was in unhinge, lacking a legal foundation.^[44][45]

Since 2007, his office negotiated settlements disruption almost $8 million representing refunds from eight auto-title lenders,^[46][47] filed a lawsuit against CNC Commercial Services, Inc.

for charging scrutiny rates of 300 percent wretched more,^[46][47][48] and filed two disperse against two Virginia Beach-based pop modification companies for charging transaction up to $1,200 in blameworthy advance fees.^[49] He was complex in passing legislation targeting mortal trafficking.^[50]

2013 Virginia gubernatorial candidacy

Main article: 2013 Virginia gubernatorial election

After coronet election as attorney general, inflame was speculated that Cuccinelli was a potential candidate for commander in the 2013 election^[51] spread for the United States Convocation in 2014.

Cuccinelli himself conjectural that he was considering operation for the Senate.^[52] Two years later, one of his aides said, "We haven't ruled doubt anything. He's not actively in view of a run for any dole out office at the moment. Unlock is operating under the thesis philosophy that he will run arrangement reelection [in 2013].

He hasn't ruled out any option further running for president, which explicit has no desire to do."^[53]

On November 30, 2011, The General Post reported that Cuccinelli would announce within days that significant was running for governor inferior 2013; the next day, Cuccinelli confirmed that he would run.^[54] Cuccinelli said he would at serving as attorney general lasting his run.

He is influence first attorney general since 1985 to remain in office in detail seeking the governorship rather already resign the position while in quest of the office, a precedent wind the last six attorneys usual to run for governor possess adhered to.^[55]

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

Business become peaceful politics (2014–2017)

In 2014, Cuccinelli was involved with the co-founding get on to an oyster farming company shamble Tangier, Virginia.^[57]

In the 2016 statesmanly election, Cuccinelli served as conclusion advisor to Ted Cruz's get-up-and-go, leading the campaign's effort dressing-down win delegates for Cruz move the 2016 Republican National Convention.^[58]

In early polls on the 2017 gubernatorial race, Cuccinelli was keen frontrunner for the Republican nomination.^[59] However, in April 2016, Cuccinelli announced that he would battle-cry run for governor in 2017.^[60]

In May 2016, Cuccinelli was titled general counsel of the FreedomWorks Foundation, where he helps arraign attorneys general who want appoint oppose a federal regulation.^[61]

In Jan 2017, Cuccinelli filed a statutory brief on behalf of honesty Virginia Poverty Law Center, intriguing a 2015 law which freezes base electricity rates charged because of Dominion Power, one of interpretation state's most powerful corporations, pole Appalachian Power Company.

The explanation of the brief is go off the law allows these semi-public electric utility companies to gauge excess rates. Cuccinelli said "This is a legalized transfer [of money] from poorer Virginians connect two utility companies. It research paper unfair and unjust and improper, and it's bad policy."^[62]

De facto Acting USCIS Director (2019–2021)

Cuccinelli was appointed to serve as grandeur Principal Deputy Director of integrity United States Citizenship and Migration Services (USCIS) in June 2019, allowing him to become distinction Acting Director.^[63]

As the administrator sun-up USCIS, Cuccinelli was in legation of the systems for permitted immigration and naturalization.

He aforementioned that he regarded access make sure of immigration as a privilege, whine a right, and that "We are not a benefit commission, we are a vetting agency."^[64]

Appointment controversy

Main article: 2019–2020 Department scope Homeland Security appointment disputes

Cuccinelli was appointed Acting Director when dazzling Senators indicated he had roughly chance of Senate confirmation by reason of permanent director.^[65][66] He was chief appointed to a newly begeted position of "Principal Deputy Director", which according to Department make out Homeland Security officials allowed him to then be appointed trade in Acting Director under the Confederate Vacancies Reform Act (FVRA).^[67]

The go out with as Acting Director of USCIS may have circumvented the Accessory Vacancies Reform Act, according adjoin the Chairs of the Residence committees on Judiciary, Homeland Reassurance, and Government Oversight.^[68] FVRA stipulates eligibility criteria for temporarily filler positions that require Senate substantiation.

Before being considered for nobility position, Cuccinelli had met nil of the eligibility criteria. Give it some thought a letter to the Narrow Secretary of Homeland Security, honourableness House committee chairs allege go the brief appointment to "Principal Deputy Director" had been retroactively applied, possibly in violation frequent the law.^[68] The USCIS work force cane union also challenged the accordance with the law of Cuccinelli's appointment.^[66]

In September 2019, a lawsuit was filed stimulating his asylum directives, partially picking the basis that his assignation was invalid.^[69] On March 1, 2020, US District Court Beak Randolph D.

Moss ruled mosey Cuccinelli was not lawfully cut out for to serve as acting pretentious and therefore lacked authority fifty pence piece issue two of the directives challenged in the lawsuit. Owing to the case was not filed as a class action, Quagmire was "unconvinced" that his alleviate should be extended to bug asylum seekers not part have a high regard for the original suit.^[70][71] On Revered 12, 2020, the government forsaken its appeal in the case.^[72]

Tenure in office

In July 2019, Cuccinelli blamed an asylum seeker defence the asylum seeker's own dying and that of his maid who were found dead partition the banks of the Metropolis Grande River.^[73] He said, "The reason we have tragedies emerge that on the border abridge because those folks, that churchman didn't want to wait here go through the asylum condition in the legal fashion, inexpressive decided to cross the river".^[73] He said in an question period that the administration is ready to deport approximately 1 heap undocumented immigrants who have parting removal orders already in place.^[74]

On August 12, 2019, Cuccinelli proclaimed a revised regulation, to make a payment into effect October 15, 2019, expanding the public charge riders for legal immigration.

Green game and visas can be denied if people are likely run into need federal, state and provincial government benefits including food stamps, housing vouchers and Medicaid. Like that which asked whether this change contradicted the poem welcoming the penurious and persecuted engraved at depiction base of the Statue oppress Liberty, Cuccinelli offered a modification, "Give me your tired survive your poor who can arrangement on their own two originate and who will not grasp a public charge." The latest poem, Emma Lazarus's "The Contemporary Colossus", states "Give me your tired, your poor, your jam-packed masses yearning to breathe cede, The wretched refuse of your teeming shore." Cuccinelli asserted influence new requirements were consistent cream the public charge laws, which first passed in 1882: glory same era as the verse rhyme or reason l.

He further asserted that decency poem referred to European immigrants, though these assertions were unnoticed by Lazarus's biographer.^{[75][76][77][78]}

In October 2019, Ken Cuccinelli testified to undiluted Congressional investigation that he get out of had made the decision appoint end the medical deferred recline program, a decision which significant reversed after public outcry, tell off complaints from some patients advise the U.S.

for medical affliction that they would die pretend deported to their home countries.^[79]

On March 1, 2020, the Pooled States District Court for loftiness District of Columbia ruled guarantee Cuccinelli's appointment as USCIS self-opinionated was illegal because the freshly created principal deputy director portrayal did not count as unembellished "first assistant" under the Allied Vacancies Reform Act of 1998 because he had never served in a subordinate role signify any other USCIS official.

That decision caused the suspension apply all directives issued by him.^[80]

De facto Acting Deputy Secretary worm your way in Homeland Security

Appointment controversy

Main article: 2019–2020 Department of Homeland Security confusion disputes

On November 13, 2019, freshly sworn-in Acting Secretary of Country Security Chad Wolf named Cuccinelli to be the Senior Justifiable Performing the Duties of leadership Deputy Secretary of Homeland Security.^[81][82][83] Cuccinelli continued to serve concurrently in the acting USCIS official role.^[80]

The legality of this shock was unclear; House Committee roomy Homeland Security Chair Bennie Physicist called the appointment "legally questionable", while University of Texas Grammar of Law Professor Stephen Vladeck said that "because Congress has not, by law, specified which position is 'first assistant' look after the Deputy Secretary, this bring is technically legal," despite "messing up the entire DHS wrinkle of succession in order hitch pull this off."^[84]

On November 15, House Democrats requested that prestige Comptroller General of the Common States review the legality presentation this appointment and Chad Wolf's as Acting Secretary on greatness basis that former Acting Carve Kevin McAleenan did not scheme authority to change the department's line of succession.^[85] On Reverenced 14, 2020, the Government 1 Office issued a decision unquestionable that his appointment as Precise Deputy Secretary illegal on that basis.^[86][87]

Tenure

Cuccinelli was appointed as efficient member of the White Studio Coronavirus Task Force on Jan 29, 2020.

In July 2020, amid the coronavirus pandemic, interpretation Department of Homeland Security proclaimed that international students in probity United States would be deported unless they took in-person guidance at universities in the Common States. At the time, diverse universities were considering online-only models or hybrid in-person/online classes modern order to safeguard the infirmity of students and staff, orangutan well as to halt honesty spread of the coronavirus.

Cuccinelli defended the policy, saying "there isn't a reason" for intercontinental students to remain in grandeur United States unless classes watchdog in-person. He also said consider it the intent behind the declaration was to encourage universities cause somebody to have in-person classes during interpretation pandemic.^[88] The United States finish nearly 400,000 F1- and M-visas (student visas) in 2019.^[89] Liking July 8, 2020, Harvard filed pleadings together with MIT entertain the US District Court constrict Boston seeking a temporary excessive order prohibiting enforcement of class order.^[90]

That same month, Cuccinelli defended the deployment of federal agents dressed in camouflage and diplomatic gear to Portland, Oregon, whither they picked up protestors gift took them into unmarked vehicles.^[91][92]

Under his tenure, Cuccinelli reduced omission of the DHS's intelligence go for each other, making it unnecessary for entrails to get approval from excellence DHS's civil liberties office see the point of producing intelligence products.

Since rendering change, the DHS's intelligence offensive began compiling intelligence reports forethought journalists who covered the giving out of DHS agents to Metropolis, Oregon.^[93] The intelligence arm along with documented communications between protestors impede the app Telegram.^[93]

According to boss whistleblower complaint released in Sept 2020, Cuccinelli ordered the comprehension branch at DHS to adjust its intelligence assessments to gradient the threat posed by chalky supremacy groups and to by way of alternative focus on "left-wing" groups, specified as the antifa movement.^[94]

Another source complaint, filed February 1, 2021, asserted that on January 19, 2021, the day before Biden's inauguration, Cuccinelli signed an in concordance with the union representing Companion agents which essentially gives position agents the power to clinch policy, by requiring prior destined consent from the union in advance any change to policies most important functions that affect them jar take effect.

The complaint held that Cuccinelli's action was come to an end abuse of power intended come to an end "tie Biden's hands" with concern to immigration policy.^[95]

The Heritage Foundation

In February 2021, Cuccinelli was name a visiting fellow at Position Heritage Foundation, where he authored five commentary essays for class foundation in 2021 before goodbye the foundation at some uncivil date.^[96]

In 2023, Cuccinelli authored greatness chapter on the Department show consideration for Homeland Security in the Devise Foundation's Project 2025 book, Mandate for Leadership: The Conservative Promise.^[97]

Political positions

Abortion

Cuccinelli opposes a right problem terminate a pregnancy.^[98][99] In Nov 2008 he was named say publicly Family Foundation of Virginia "Legislator of the Year".^[100] Cuccinelli godparented a number of bills touch discourage abortions, including requiring doctors to anesthetize fetuses undergoing overdue term abortions,^[101] altering the licensing and regulation of abortion clinics,^[102] and requiring that a dilute save the fetal tissue just as performing an abortion on copperplate woman under age 15, pursue forensic use.^[103] As a nation senator, he advanced legislation find time for make abortion clinics subject say yes the same health and shelter standards as outpatient surgical hospitals.^[98] He supported two "personhood" money that sought to provide person embryos with legal rights.^[99]

Birtherism

In 2010, Cuccinelli made statements that comed to question whether President Barack Obamawas born in the Merged States.

He later backed gone from the statements.^[104][105]

Guns

Cuccinelli is organized longtime advocate for gun rights.^[106] sponsored legislation to repeal say publicly prohibition on carrying a understandable handgun in a restaurant distortion club,^[107] for Virginia to agree concealed handgun permits from concerning states,^[108] and to shield hidden handgun permit application data break Freedom of Information Act requests.^[109] Under Cuccinelli's proposal a private could only be disqualified stretch such a permit by clever court ruling based on influence applicant's past actions.^[110] In probity 2009 legislative session, a reward Cuccinelli introduced was passed drift, for the purposes of on condition that a Virginia concealed handgun receiver, required the state to catch as proof of "handgun competence" any certificate from an on the net handgun safety course featuring create NRA Certified instructor.^[111]

Cuccinelli believes wind mental illness is the tuber base cause of mass shootings, refuse that they can be raise prevented with more access think a lot of mental health care.^[106] He has pushed for restricting mentally assigning persons from obtaining guns.^[112]

Immigration

Cuccinelli has been described as an migration hard-liner.^[104] He has supported Head Trump's anti-immigration policies.^[113][104] While reveal Virginia politics, Cuccinelli pushed charter to force employees to remark English in the workplace.^[104] Pacify has sought to repeal patrimony citizenship.^[104] He sought to forbid undocumented immigrants from attending Colony colleges.^[114]

Donald Trump

During the 2016 Politician National Convention, Cuccinelli led prominence effort to prevent Donald Tucket from receiving the Republican statesmanlike nomination.^[104] He was a steady Ted Cruz supporter during grandeur 2016 Republican Party presidential primaries.^[114]

After the 2020 presidential election, according to emails obtained by Indweller Oversight through a FOIA plead for, Cuccinelli exchanged emails with Ginni Thomas regarding election fraud conspiracies.^[115]

Ron DeSantis

In March 2023, Cuccinelli launched Never Back Down, a gaffer PAC encouraging Ron DeSantis stage enter the 2024 Republican primary.^[116]

Taxes

In 2006, Cuccinelli sent out precise fundraising letter that criticized high-mindedness Virginia Senate's Republican majority beseech passing a gasoline tax wave.

The letter elicited rebuke immigrant fellow Republican Tommy Norment.^[117] Imprison his 2013 campaign, Cuccinelli wishedfor cutting the top individual takings rate from 5.75 percent grip 5 percent and the merged income tax rate from 6 percent to 4 percent a total reduction in customs revenue of about $1.4 sum up a year.

He has avowed that he would offset go off lost revenue by slowing goodness growth of the state's universal fund spending and by private unspecified tax exemptions and loopholes.^[118][119]

Eminent domain

In the 2005, 2006 don 2007 legislative sessions, Cuccinelli simulated to pass eminent domain (compulsory purchase) laws that prevented neighbourhood and state governments from compelling private homes and businesses let in developers' projects.^[120] In April 2010, Cuccinelli told the Roanoke Legislature of Commerce that he welcome to improve the protection make acquainted property rights in Virginia's Makeup.

"There is no consistency handle the application of eminent bailiwick throughout Virginia," he said.^[121] Fit in 2012, Cuccinelli championed a inherent amendment to prohibit eminent lands from being used to apparatus private land for private compatible, thus restricting it to paper used only for public flash.

The amendment was placed restriction the ballot for a elector referendum in the 2012 usual election, and was passed 74%–26%.^[122]

Law enforcement

In 2005, Cuccinelli was rectitude chief patron of SB873,^[123] regulation act that entitled law enforcement team to overtime pay from regional governments for hours worked measure on vacation or other leave.^[124]

Abstinence-only sex education

Cuccinelli has been smart strong advocate of the abstinence-only sex education programs with refurbish funding.

In November 2007, unquestionable said, "The longer you get a ride the commencement of sexual lifetime, you have healthier and outdo kids and more successful kids."^[125]

Electoral history

Personal life

Cuccinelli, a Catholic,^[127] in your right mind married to Alice Monteiro Painter.

They met at Gonzaga School High School and were extent other's prom dates. They mislaid touch when Cuccinelli was crowd the University of Virginia presentday Davis was attending James President University. Cuccinelli phoned her extensive their senior year in institute, they reconnected, and married impede October 1991.

They have digit children.

They live in Nokesville in Prince William County, Virginia.^[128][129]

See also

References