Ken Cuccinelli, the former acting director of USCIS and deputy secretary of homeland security, appeared on Breitbart News Daily. He discussed how the new guidance for USCIS requires officials to factor in social media posts that support terrorist organizations when evaluating policy changes. Such posts will be viewed as “negative factors” in the context of discretionary immigration benefits like green card applications.
The update, which was first shared on social media, instructs officers to consider evidence of “anti-American activities” when reviewing requests for discretionary immigration benefits, including legal permanent residency. Cuccinelli noted the importance of screening processes for immigrants, especially since they generally wait five years before becoming eligible for US citizenship.
He provided an example, stating that if someone is promoting a group like Hamas or expressing support for other terrorist entities, it does not align with US interests. He highlighted that the latest USCIS guidance indicates that activities seen as anti-American are typically viewed as significant negatives in any discretionary review.
Cuccinelli confirmed that USCIS director Joe Edlow, who took over after him during the Trump administration, implemented these changes. In an interview, he contrasted the current administration’s stance on immigration with earlier approaches, attributing differences to a shift in “political will.” He identified six major changes in policy: increased military presence at borders, new designations for border defense areas, enhanced enforcement against drug cartels, updates to workplace enforcement, large-scale deportations, and a more detailed examination of foreign student visa holders.
“I mentioned all of this back then, but the White House didn’t take action,” Cuccinelli said, adding that the administration is now rolling out these initiatives all at once.
He observed that there was bipartisan backing for adopting more technology at points of entry to improve screening for smuggling and illegal crossings.
Cuccinelli emphasized the necessity of clearly defining “anti-American activities” as disqualifying factors in USCIS policy to ensure consistent application by agency staff. “It’s crucial for applicants to understand what’s expected of them. You likely won’t gain anything desirable unless under rare circumstances,” he explained.
He also talked about his role as the national president of the Election Transparency Initiative. Responding to President Trump’s recent statements, he advocated for abolishing mail-in voting and replacing electronic voting machines. Cuccinelli pointed out that although elections are mainly managed at the state level, the federal government influences them through funding and regulations.
He suggested that initiatives should mandate the use of open-source software for voting machines and implement secure watermarking as a means of ensuring transparency and accuracy. He noted that Trump is spearheading this movement outside the realm of executive orders, asserting that while the Constitution grants Congressional powers over federal elections, decentralization across states adds layers of protection against hacking and outside interference.
Cuccinelli, who previously served as Virginia’s Attorney General, weighed in on President Trump’s handling of DC governance. He remarked that the capital operates under full federal authority, and that local governance is subject to Congressional discretion. Reflecting on historical attempts at Home Rule in the 1870s that were ultimately dismantled, he suggested that this backdrop creates uncertainty surrounding the legal framework and reiterated his support for the president’s strategy. He also mentioned that even local law enforcement aligns with the administration’s direction.
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