TRUMP FIRES USCIS CHIEF AND NOMINATES CONTROVERSIAL REPLACEMENT

Over the Memorial Day weekend, President Trump fired USCIS Director L. Fracis Cissna and replaced him with a one-time Virginia candidate for Governor, Ken Cuccinelli.  Cuccinelli has been an outspoken critic of legal immigration.  Danielle Spooner, the president of the American Federation of Government Employees union representing USCIS employees, criticized President Trump’s decision, “the resignation of Francis Lee Cissna as Director of USCIS and the possible appointment of Ken Cuccinelli as his successor spells the end of legal immigration as it currently exists.” 

It remains to be seen if the President follows through on yet another controversial hire, or backs off after learning more about the candidate, as he has done in about 50 other high-level appointments.  Notably, ICE has not had a confirmed permanent Director in the entirety of the Presidency.  Earlier in the year, President Trump withdrew Ron Vitiello’s nomination, after the ICE officer’s union opposed the nomination.  It would not be surprising to see this nomination and appointment process to take all summer.

Under Director Cissna, H-1B denial rates have skyrocketed, despite no change in law, leading to lawsuits challenging error-prone decisions.  MU Law has worked with clients to file lawsuits on 17 different erroneous decisions, winning 16 victories, with one case remaining open.  It remains to be seen if Nominee Cuccinelli will seek to double down on outgoing Director Cissna’s failed policies.