The appointment of Ken Cuccinelli, an avowed anti-immigrant bigot who has compared brown immigrants to rats, and who supports Trump's attack on the constitutional guarantee of birthright citizenship and its replacement by a white supremacist regime as proposed by Rep. Steve King (R-Iowa), whom Cuccinelli has also praised as USCIS chief, could well signal the end of legal immigration in America as we know it.

The June 11 issue of Salon.com quotes Danielle Spooner, the head of the USCIS employees union, as follows regarding Cuccinelli's appointment:

"It has become clear that the goal of this administration is to end immigration altogether...How better to do that than by appointing as leader of USCIS someone who knows nothing about immigration, Naturalization or Adjustment of Status and whose sole purpose is to destroy the agency which grants these benefits."

See:

Trump picks extremist as Immigration chief: even Republicans say he's toast

See also immigration attorney Raul Reyes' May 31 article:

TRUMP SEEKING TO END LEGAL IMMIGRATION? - Proposed Appointment of Supremely Unqualified Far Right Bigot "Cooch Cooch" To Replace Fired Hardliner-Cissna @ USCIS Threatens to Topple Whole System With 'Malicious Incompetence'

https://immigrationcourtside.com/2019/05/31/trump-seeking-to-end-legal-immigration-proposed-appointment-far-right-bigot-c...

Reyes writes:

"Given that Cuccinelli could soon be presiding over USCIS, his comments on immigration are worthy of review. In 2018, he told Breitbart News Daily that states should use 'war powers' to turn back migrants...In 2015, appearing on a conservative radio station, he claimed that President Obama was encouraging an 'invasion' of undocumented immigrants."

Reyes continues:

"In 2012 he [Cuccinelli] compared immigration policy to pest control. He's called the infamous Rep. Steve King (R-Iowa) 'one of my very favorite congressmen.' So Cuccinelli is hardly someone who can be trusted to run USCIS in keeping with the agency's core values, which include 'respect' and 'integrity.'"

These core values of respect and integrity are already under serious attack from USCIS examiners in a variety of legal immigration petitions, including those involving highly skilled workers and immigrants with extraordinary ability - exactly the people whom Trump and Miller, mendaciously and maliciously, claim to be be favoring as a pretext for seeking to eliminate most family immigration and all diversity visas; and to cut back on other types of legal immigration for less skilled immigrants, most of whom just happen to be nonwhite and non-European.

Biased and hostile RFE's and petition denials which go completely against the applicable laws and regulations are hardly new coming from USCIS - I have been dealing with ones issued by that agency and its predecessor INS at least since the time of President Bill Clinton's administration more than 20 years ago.

The administrations of Presidents G.W. Bush and Barack Obama also produced more than their fair share of biased, incompetent and antagonistic RFE's and denials in employment-based immigration cases.

But as I am sure that almost every practitioner working in the field of legal employment-based immigration today will agree, there has been a huge increase in both the number and percentage of RFE's and denials.

This sends a clear message that mainly nonwhite immigrants (and their US employers) need not bother to apply for legal immigration benefits today, no matter how skilled, well educated and qualified they may be under America's current immigration laws and regulations.

In a previous comment about "student RFE's" (whatever that term is supposed to mean) I gave an example from my own practice of a recent RFE in which the USCIS examiner repeatedly made open and obviously false statements about an H-1B beneficiary's educational background, in support of a totally "Trumped" up - if not thoroughly malicious - USCIS claim that the position in question was not a "specialty occupation" and that even if it was, the beneficiary was allegedly not qualified for the position.

In another recent RFE, a USCIS examiner simply made up his or her own rules about what should be contained in an O-1 peer group consultation letter - in total conflict with the actual O-1 regulations.

And in an H-1B denial decision not too long ago, the USCIS simply threw out a carefully written, comprehensive position evaluation from an experienced, highly knowledgeable professor meeting all of the regulatory qualifications because, according to the decision, USCIS was "not required" to pay any attention to a job evaluation letter which was not in accord with "information" about the position in the possession of the agency.

The "information" in that case was a wildly distorted reading of the Occupational Outlook Handbook (OOH) extract for the particular position in question, based on a faulty interpretation which had repeatedly been rejected by the federal courts and even abandoned by the USCIS Administrative Appeals Office (AAO) itself.

I will have more - much more - to say about what amounts to an ongoing and frequently used scam, rather than a good faith argument, in H-1B cases by USCIS examiners - namely that no matter what the offered position is - how complex and specialized its requirements may be, and how common a specialty bachelor degree or its equivalent may be as an entry level requirement for the position in question according to the regulations, that the job allegedly does not qualify as an H-1B specialty occupation.

The use of this venerable scam to delay or deny H-1B approvals is hardly new, but it is increasing exponentially under the Trump regime, and this is almost certain to become even worse under a new USCIS director who has already amassed a record of intense antagonism to immigration.in general.

But, important as it is to discuss the details of the hostile, argumentative and openly biased RFE's and denials which constitute far too much of USCIS's decision-making in employment-based cases (and, with the new biased "public charge" rules expected to come into effect in the near future many other legal immigration application cases as well), one cannot overlook the ultimate purpose of Trump's attack on all immigration, both legal and irregular.

Just as appealing to anti-immigrant bigotry and white supremacy played a major role in helping Trump get elected under America's skewed electoral vote system (while losing the popular vote, let us not forget), the same kind of hatred against nonwhite immigrants could easily lead to Trump's becoming America's fascist dictator.

Trump has made no secret that this is his ambition, and that he has no intention of leaving office even if he is defeated in the 2020 election (for which he now states that he openly welcomes dirt on his opponents from hostile foreign governments, or if he is reelects and the two terms he is allowed under the Constitution expire. See: Washington Post, June 16:

Trump says supporters might 'demand' that he serve more than two terms as president

In the same article, the Post also reports that Trump has, once again, attacked both the Washington Post and the New York Times, two papers which have been specially critical of his anti-immigrant agenda, as "enemies of the people".

This is pure fascism, not democracy.


An April 17 article by Chauncey DeVega in Salon.com comments as follows about the larger danger arising from Trump's white supremacist policies, including immigration:

"Recent research from PRRI reinforces this fact: [Trump's supporters] want America to remain a white dominated in which their authoritarian version...rules supreme. Predictably, this same research also demonstrates that [Trump's supporters] a group that is overwhelmingly white, believe that ethnic and racial diversity makes America weaker."

See,

Courage and cowardice: Trump should be impeached just for his vicious attacks on Ilhan Omar


My comment is as follows:

If Donald Trump can be impeached for his bigoted attacks on a single Congresswoman because of her Muslim religion, doesn't his attempt to destroy America's entire legal immigration system in order to bar nonwhite immigrants from coming to this country also warrant impeachment?

Isn't Ken Cuccinelli's appointment to lead USCIS on more urgent sign that it is time for Nancy Pelosi and her fellow Democratic leaders to overcome their cowardice and move on impeachment without further delay to save America's legal immigration system as we know it - and to preserve our democracy, which is now in mortal danger?


There is one courageous voice in America that is not afraid to call for Trump's impeachment - that of Representative Alexandria Ocasio-Cortez (AOC), a true American hero and (to use the words of President John F. Kennedy) a genuine Profile in Courage.

Our cowardly Democratic leaders need to listen to AOC.


See: CNN (June 16):

Ocasio-Cortez says pressure to impeach Trump grows every day


https://www.cnn.com/2019/06/16/politics/aoc-pressure-to-impeach-grows/index.html

Roger Algase
Attorney at Law