James Percival, the general counsel for the Department of Homeland Security (DHS), has sharply criticized what he described as the "absolute absurdity" of the media's reaction to his recent social media series, "Worst of the Worst, District Judge Edition." Percival stated that his series aims to highlight judicial decisions that he believes "sabotage" immigration enforcement operations and put U.S. Immigration and Customs Enforcement (ICE) agents at risk.
Percival's remarks came after a Chicago Sun-Times reporter inquired about potential threats related to his posts, given ongoing threats against federal judges. Percival took to X, formerly Twitter, to express his frustration, asserting that "legitimate fact based critiques of judges and their rulings is fair game in a free society." He further contended that the media "has no issue with it if the judge is conservative."
He pointed to specific instances where he believes judges have overstepped their authority. One such case involved Northern District of Illinois Judge Matthew Kennelly, a Clinton appointee, who Percival said ordered a nationwide pause on the termination of temporary protected status for migrants from Burma. Percival noted that this occurred despite previous Supreme Court vindication for the DHS on the issue and a Seventh Circuit reversal of Kennelly on the same matter days earlier. Percival characterized this ruling as "judicial sabotage."
Another case cited by Percival involved Central District of California Judge Hernán Vera, a Biden appointee. Percival alleged that Vera issued an order that "micromanag[es] DHS’s use of force policy with respect to violent anti-ICE agitators in Los Angeles." He contrasted the judge's description of the individuals as "protesters" and "legal observers" with his characterization of DHS actions as "violent." Percival stated that agitators in Los Angeles have assaulted DHS employees, thrown objects, engaged in arson, and attempted to breach a federal facility, asserting that "judicial micromanagement of use of force in these contexts puts our officers at risk."
Percival's series specifically identified district judges in Illinois, Massachusetts, Maryland, and California, which he labeled as "sanctuary jurisdictions."
The spokesperson for the U.S. District Court for the Northern District of Illinois, Sean Lewis, responded to Percival's criticisms by stating that the Code of Conduct for federal judges requires them to refrain from commenting on pending cases and to decide matters based on law and facts, not political pressure or public reaction. Lewis added that disagreements with rulings should be addressed through the appellate process.