An attorney and politician by trade, Cuccinelli served as attorney general of Virginia from 2010 to 2014 and served in the Virginia state senate from 2002 to 2010. His appointment by Trump to lead the U.S. Citizenship and Immigration Services (USCIS) was ruled illegal in March 2020. After Trump’s term ended, Cuccinelli went on to form a super PAC with the goal of electing Florida governor Ron DeSantis to the presidency. Cuccinelli has connections to the Federalist Society and the Heritage Foundation.
As the American Prospect puts it, Cuccinelli’s appointment to the USCIS was a reward for his bigotry. Another reason Cuccinelli may have attracted President Trump’s attention was Cuccinelli’s role in investigating climate researcher Michael E. Mann. Nature magazine called the investigation a witch hunt intended to harass and intimidate. Cuccinelli eventually failed in his attempt to find wrongdoing by Mann. According to the Democratic party of Virginia, Cuccinelli launched several legal actions that critics say were politically motivated, and most of these actions failed, although they did garner him attention. (One example: a suit challenging Obamacare)
In addition to trying to discredit climate research, Cuccinelli has a record of pursuing anti-immigrant policies. For example, while serving in the Trump administration, Cuccinelli took credit for a move to deport sick children. While serving as Virginia’s attorney general, he joined a coalition of nine states filing an amicus brief in support of an Arizona law aimed at immigrants. According to the American Prospect, the law was “racist” in that it allowed police to detain “people they thought were in the country illegally.” The U.S. Supreme Court struck down most of the law. Cuccinelli also advocated for a similar policy in Virginia by writing a legal opinion that “authorizes law enforcement to check the immigration status of anyone stopped by police officers for any reason.” Also while serving in Virginia, he “sponsored a bill to waive unemployment compensation costs for companies that fire workers for not speaking English on the job.” When serving at the USCIS, he promulgated a rule that “could force immigrants to choose between accepting public benefits and a green card.” In an interview, he verbally revised the famous poem posted near the Statue of Liberty to welcome only those immigrants “who can stand on their own two feet.” (He went on to clarify his statement by saying the poem referred to “people coming from Europe.”) In an article about how controversial Cuccinelli’s appointment to the USCIS was, Fortune magazine reports that he “compared immigration enforcement to fighting a rat infestation.”
Cuccinelli also drew national attention when, as Virginia’s attorney general, he sought (and failed) to enforce the state’s anti-sodomy law, even though the Supreme Court had struck down such laws with its decision Lawrence v. Texas and the Fourth Circuit had specifically struck down Virginia’s law. Cuccinelli has gone on record as saying that homosexual acts are “against nature and are harmful to society.” He also “declined to commit to a nondiscrimination policy against gays and lesbians observed by former Attorney General Bob McDonnell.” He has also opposed gay marriage, arguing that it could lead to polygamy. Cuccinelli also issued a letter advising Virginia’s public colleges and universities not to include such terms as “sexual orientation,” “gender identity,” and “gender expression” in their non-discrimination policies.
While serving as attorney general in Virginia, Cuccinelli drew criticism for a potential conflict of interest in a case concerning a company named Star Scientific, a maker of nutritional supplements; he was eventually found to have not violated the law. He went on to break precedent by running for governor while still in office as attorney general instead of resigning. (He lost the race.)
Another sign of Cuccinelli’s extreme views may be found in his social media posts regarding such things as climate change, Trump’s legal troubles, and gay marriage. He also was obliged to “clarify” remarks regarding President Obama’s birthplace. While serving as attorney general of Virginia, he reportedly “requested a new version of the state-issued lapel pin for his staff, one that covered up the exposed breast of the Roman goddess Virtus on the 1776 state seal.”
With his arch-conservative legal actions and statements, Cuccinelli rose from state to national politics, as evidenced by his role in the Trump administration and his contribution to the Mandate for Leadership.