James Percival, the general counsel for the Department of Homeland Security, posted a series on X titled “Worst of the Worst, District Judge Edition,” targeting judges he described as activist.
He argued that certain judges are undermining U.S. Immigration and Customs Enforcement operations, thereby placing agents at heightened risk while they enforce the law.
Following the posts, a reporter inquired whether such social‑media commentary could invite additional threats amid ongoing concerns about federal judges, prompting Percival to denounce what he called an absurd media response.
Percival asserted that fact‑based criticism of judges and their rulings is a legitimate part of a free society and suggested that the media reacts differently when judges are conservative.
The piece notes that conservative judges have historically faced intense criticism and, in some cases, violence, citing an assassination plot against a Supreme Court justice and another justice’s need to wear a bullet‑proof vest due to threats.
In the series, Percival highlighted judges in sanctuary jurisdictions across Illinois, Massachusetts, Maryland and California, focusing on specific rulings he believes impede immigration enforcement.
He condemned a Northern District of Illinois judge for ordering a nationwide pause on terminating temporary protected status for Burmese migrants, labeling the decision judicial sabotage despite prior Supreme Court rulings and a recent appellate reversal.
He also criticized a Central District of California judge for issuing an order that tightly controls DHS’s use‑of‑force policy regarding anti‑ICE protesters, describing the micromanagement as endangering officers.
A federal judge emphasized that the Code of Conduct requires judges to decide cases based solely on law and facts, without succumbing to political pressure or public criticism, and that challenges to rulings should proceed through the appellate process.
Percival’s comments highlight the ongoing tension between law‑enforcement agencies and the judiciary over immigration enforcement and the management of protest‑related incidents.
