Department of Homeland Security General Counsel James Percival has criticized the media for what he termed the "absolute absurdity" of its response to his online series examining judges he alleges are obstructing Immigration and Customs Enforcement (ICE) operations. Percival's series, titled "Worst of the Worst, District Judge Edition," highlights specific judicial decisions that he claims put ICE agents at risk.
Percival stated that legitimate critiques of judges and their rulings are a valid part of public discourse in a free society. He also contended that the media shows less concern when conservative judges are the subject of criticism. Recent years have seen conservative judges, including Supreme Court Justices Brett Kavanaugh and Amy Coney Barrett, face intense criticism and threats. In 2022, an armed individual traveled to Justice Kavanaugh's home with intent to harm, and Justice Barrett has testified about wearing a bulletproof vest due to threats.
The DHS general counsel's series specifically called out district judges in jurisdictions described as "sanctuary jurisdictions" in Illinois, Massachusetts, Maryland, and California. One instance cited involved Northern District of Illinois Judge Matthew Kennelly, a Clinton appointee, who issued a nationwide pause on terminating Temporary Protected Status for migrants from Burma. Percival noted this occurred despite previous Supreme Court vindications of TPS decisions and a Seventh Circuit reversal on the same issue. Percival characterized this judicial action as "sabotage."
Another judge highlighted was Central District of California Judge Hernan Vera, a Biden appointee. Percival stated that Vera recently issued an order that "micromanag[es] DHS’s use of force policy with respect to violent anti-ICE agitators in Los Angeles." He noted that the judge described the individuals as "protesters" and "legal observers," while characterizing DHS actions defending personnel and property as "violent." Percival argued that such judicial micromanagement in contexts where agitators have assaulted DHS employees, thrown objects, engaged in arson, and attempted to breach federal facilities, puts officers at risk.
Following Percival's posts, the DHS was reportedly contacted by a Chicago Sun-Times reporter inquiring if his social media posts risked additional threats in the context of ongoing threats to federal judges. Percival publicly rebuked this line of questioning on X, the platform formerly known as Twitter.
A spokesperson for the U.S. District Court for the Northern District of Illinois stated that federal judges are bound by a Code of Conduct that prohibits public comment on pending cases and requires independent decisions based on law and facts, not political pressure or fear of criticism. The spokesperson added that disagreements with rulings should be addressed through the appellate process. Fox News Digital sought comment from the Chicago Sun-Times and the U.S. District Court for the Central District of California.