A senior Department of Homeland Security (DHS) official has publicly named federal judges he accuses of engaging in "naked political activism" and "judicial sabotage" by repeatedly obstructing the Trump administration's immigration agenda. DHS General Counsel James Percival stated that a small group of district judges, rather than the judiciary as a whole, are acting in "open defiance" of the Supreme Court and overstepping their authority.
Percival has begun a series on the social media platform X, identifying judges he claims are consistently thwarting key immigration policies, including deportations and the rollback of Temporary Protected Status (TPS). He asserts that this effort is intended to inform the public about specific judicial actions that he believes are impacting national policy, not to intimidate judges.
"The American people hear about these terrible acts of judicial activism. I think what they don't often understand is this is not some epidemic that sort of crosses the entire judiciary," Percival said in an interview. "There are particular judges who are a problem in case after case after case."
He argued that plaintiffs adept at "forum shopping" identify and file cases with these specific judges, often with questionable arguments, to achieve desired outcomes. Percival cited an instance where a Biden-appointed judge, Brian Murphy in Boston, issued an order that temporarily blocked a deportation flight to South Sudan. The flight was carrying individuals with criminal records, including charges of rape.
Percival noted that DHS had to petition the Supreme Court to intervene in the case involving Judge Murphy. He mentioned that even liberal Justice Elena Kagan sided with the administration in this instance, stating that Judge Murphy could not defy the Supreme Court. "Even though I disagreed the first time, I do agree that Judge Murphy can't defy the U.S. Supreme Court," Percival recounted Kagan saying.
He also pointed to Clinton-appointed Illinois Judge Matthew Kennelly, who he said paused the termination of TPS for Burmese nationals despite the issue not being subject to judicial review and previous Supreme Court vindication for DHS on TPS. Percival described this as "judicial sabotage."
Another judge named is Obama-appointed Paula Xinis in Greenbelt, Maryland. Percival linked her actions to the continued presence in the U.S. of an individual dubbed "Maryland Man" by the press, who faced removal proceedings. Percival stated Xinis issued an order preventing removal and then released the individual, citing a lack of removal plans, which he described as "crazy."
Biden-appointed Judge Hernan Vera in Los Angeles was also criticized for allegedly "micromanag[ing]" DHS' use-of-force policy, which Percival claimed involved labeling "anti-ICE agitators" as "legal observers" while characterizing the agency as "violent."
Percival emphasized that his campaign is not aimed at discrediting the entire federal judiciary. Instead, he believes it is crucial for the public to know that a limited number of judges are repeatedly causing problems and potentially undermining the credibility of the judicial branch. He stated that many other judges are diligently following the law.
The DHS official drew parallels between his "Worst of the Worst" judges series and ICE's "Worst of the Worst" series highlighting criminal illegal immigrants, both intended to inform the public about DHS operations and counter perceived false narratives.
Critics, including some media members, have raised concerns that Percival's public naming of judges could incite threats against the judiciary. Percival dismissed these concerns as "absolute absurdity" from the "liberal media," arguing that factual critiques of judges' rulings are fair game in a free society and that the media readily criticizes conservative judges.
He maintained that the issue is a matter of "classic separation-of-powers," asserting that the executive branch is permitted to express disagreements with other branches of government. Percival made these remarks while visiting DHS personnel in San Juan, Puerto Rico, where he oversees legal advice for various DHS agencies, including Homeland Security Investigations.