James Percival
@DHSGenCounsel
Seventh General Counsel of the U.S. Department of Homeland Security under the leadership of President Donald J. Trump and Secretary Markwayne Mullin
42 Following 12.8K Followers
Without even allowing the government a chance to respond, and in the dark of night, a federal appeals court blocked us from conducting all third-country removals of illegal aliens, an entirely legal and invaluable tool to stem the tide of illegal immigration. We will immediately seek relief from the Supreme Court, which previously granted a stay in this very same case.
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The first of many Daily Deportees threads 🧵
Today’s Daily Deportee is Tuan Thanh Phan from Vietnam. Mr. Phan was sentenced to 25 years in prison after firing a gun multiple times into a crowded area, killing an innocent teenager. According to public reporting, Mr. Phan came to the U.S. as a refugee from Vietnam. Refugees, by definition, are people who claim fear of return to their home country.
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Today’s Daily Deportee is Tuan Thanh Phan from Vietnam. Mr. Phan was sentenced to 25 years in prison after firing a gun multiple times into a crowded area, killing an innocent teenager. According to public reporting, Mr. Phan came to the U.S. as a refugee from Vietnam. Refugees, by definition, are people who claim fear of return to their home country.
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A segment of the judiciary believes it is their solemn duty to facilitate the illegal invasion of our country.
A Wisconsin judge was convicted of a felony-- hiding a criminal accused of domestic assault from immigration enforcement. Bar license revoked? No, not even suspended, per 5-2 Wisconsin Supreme Court ruling. The felonious judge's law license is "active" and in "good standing"
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If you don’t have immigration enforcement, you don’t have a border. If you don’t have a border, you don’t have a country. The President’s words should not be controversial.
.@POTUS: There is no human right to illegal immigration — but there IS a right to remain a sovereign nation.
I recently visited Guantanamo Bay to ensure all of our DHS assets have adequate legal support to protect the homeland.
An earlier draft said “partisan hack,” and I changed it to “partisan actor.” Sadly, I’ll never get a thank you from the activist judges!
JUST IN: @SecMullinDHS calls Judge Serena Murillo (Biden/CACD) a "partisan actor" over decision to release alleged MS-13 gang member David Mejia-Martinez. Docket:
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The third country deportation policy continues, as the First Circuit’s ruling is not currently in effect. If you claim fear in your home country, DHS has the right to send you elsewhere. It’s not too late to return home with $3,000 in your pocket.
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NEW: A federal appeals court blocked the core of the Trump administration's third-country deportation policy.
w/ @joshgerstein
A DOJ spokeswoman gave me this comment today:
“It is remarkable that sitting federal judges are giving on-the-record interviews attacking this Administration's policies rather than ruling from the bench. If judges followed the law in adjudicating cases, there wouldn't be an 'overwhelming' habeas caseload. Judges who have made public comments on pending or related matters should consider whether recusal is warranted going forward.”
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Getting mad at me for discussing judicial misconduct is like getting mad at your thermometer for telling you it’s 100 degrees outside. This country has to face some hard truths about these district judges.
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NEW: I have obtained an email between Minnesota Judge Patrick Schiltz and the DOJ that appears to contradict Schiltz's claims in the NYT article yesterday.
While Schiltz portrays himself as caught off guard after the DOJ "had gone around him" to the 8th Circuit Court of Appeals to authorize arrest warrants in the storming of the Cities Church on Jan 18--the email confirms Schiltz himself told DOJ to go to the appellate court.
"[You] continue to have the option of presenting the case to a grand jury, of returning to Judge Micko with a more robust affidavit, or, I guess, of presenting the application to Judge Loken or Judge Stras," Schiltz said, referring to two judges on the appellate court.
Background: Magistrate Judge Doug Micko--whose wife is a top aide to MN AG Keith Ellison--had refused to sign arrest warrants for five church protesters including former CNN host Don Lemon. The DOJ quickly asked Schiltz, at the time the chief judge of the Minnesota federal district court, to sign the warrants instead--citing concerns over copy cat attacks that following weekend.
Schiltz claimed he wasn't sure he had the authority to do so (he did). Not only did Schiltz state that the protesters in question committed "no violence" and there was "no evidence that those two (Lemon and his producer) engaged in any criminal behavior," he said he wanted to confer with his judicial colleagues before making a decision. He set a bench meeting for a week later.
DOJ instead filed a petition at the appellate court asking judges to either sign the warrants or force Schiltz to do so. (The court rejected the emergency petition; the matter became moot after a grand jury returned an indictment of Lemon on Jan 29.)
And overall, the government goes "around" judges all the time--it's called the process.
Just weird posturing by Schiltz.
Further...
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DHS' top lawyer fires a warning directly at the American Immigration Lawyers Association, telling attorneys that filing frivolous asylum claims will carry penalties — marking a major escalation from targeting immigrants themselves to the lawyers helping them stay in the country.
James Percival laid out the legal framework in blunt terms: asylum is discretionary, persecution must come from a state actor, and most Western Hemisphere migrants don't qualify because they're driven by economic incentives, not genuine fear of persecution. He even took a shot at Chicago, noting that residents of crime-ridden cities could "easily claim" government failure — but that the legal bar is far higher than that.
AILA has already called the Trump administration's fraud concerns "chilling" and rejected that its members engage in frivolous litigation. DHS says it will "vigorously pursue all available remedies" against anyone clogging the system.
Full story here ⬇️
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Also, this article describes judges sitting by their phones ready to issue TROs ASAP. There was no emergency. Rather, ICE does not have detention in MN and had to relocate aliens. The TROs were to prevent honest judges outside MN from hearing the cases. These other judges weren’t part of the cabal.
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In this article, Judge Schiltz, the chief judge during Metro Surge in Minnesota, goes on record with the NYT. He demonstrates profound bias against DHS and the current admin, and he admits to extreme misconduct—essentially conspiring with his judicial colleagues to thwart DHS’s immigration enforcement in Minnesota.
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He is of course absolutely right that Joe Biden’s DHS “purposely broke the asylum system.” But open borders immigration lawyers were riding shotgun.
DHS purposely broke the asylum system and now has the audacity to blame immigration lawyers & AILA for the wreckage. AILA won’t stand for the false claims, rather, we stand for the highest standards of professional responsibility.
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The ACLU wants the country to believe that enforcing immigration law makes Americans poorer. That is a globalist lie dressed up as economics.
A nation that will not control who enters its labor market, its housing stock, and its public treasury is not running an economy for its own people. Illegal immigration is a labor-supply shock aimed at the bottom. When millions of people come here illegally to compete —the workers who lose are the Americans with the least bargaining power.
A smaller illegal population means a smaller workforce and fewer households. Calling that “job destruction for Americans” is like calling a smaller city a recession. Studies consistently show that illegal aliens are a net federal burden, with the net annual cost of illegal immigration around $151 billion after taxes paid.
This report waves construction crews around like a matador in a bullfight and ignores the American citizens bidding for apartments and homes. Extra households in a tight market raise rents.
This country exists to raise the condition of its own people. An immigration system that suppresses pay at the bottom, loads local budgets, bids up rents, and then demands amnesty as “the affordability agenda” is not confused, it is on the other side.
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In this article, Judge Schiltz, the chief judge during Metro Surge in Minnesota, goes on record with the NYT. He demonstrates profound bias against DHS and the current admin, and he admits to extreme misconduct—essentially conspiring with his judicial colleagues to thwart DHS’s immigration enforcement in Minnesota.
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NEW: Trump’s Minnesota Surge Threatened Democracy, Judge Warns
I spoke with Judge Patrick J. Schiltz and six other federal judges from the D. Minn bench about the administration's disregard for court orders during Operation Metro Surge. Gift link below:
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In this article, Gitmo detainees complain about the “frigid cold” temperatures. Yes, you read that right. The criminal illegal aliens on the tropical island of Cuba want the AC adjusted. Oh the humanity.
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ICYMI: @DHSgov is putting immigration lawyers on notice over asylum filings.
@DHSGenCounsel James Percival sent a letter to the American Immigration Lawyers Association warning against what the department considers meritless asylum claims—pointing to nearly 3.5 million pending immigration cases, including 2.3 million asylum claims, as of July.
Percival argues many claims involving generalized gang violence, crime, domestic abuse, economic hardship or instability do not meet the legal threshold for asylum—and says meritless cases are clogging the system and delaying those with potentially valid claims.
Percival this week: “Most countries in the Western Hemisphere simply lack conditions supporting asylum claims. Abuse of our immigration system must stop.”
The message to immigration attorneys: DHS intends to scrutinize asylum filings and pursue remedies when it determines claims cross the line into frivolous or fraudulent filings.
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Abuse of our immigration system MUST STOP.
Under the leadership of @POTUS Trump and @SecMullinDHS, we are assuring asylum is granted to those who deserve it, not those who game the system.
This week, I wrote a letter to open borders immigration lawyers. Most countries in the Western Hemisphere simply lack conditions supporting asylum claims. Abuse of our immigration system must stop.
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EXCLUSIVE: DHS Cracks Down On Immigration Attorneys Who File ‘Meritless’ Asylum Claims
Read more👇@DailyCaller
Notice the resources the Left is putting into silencing me. Why? Judicial activism is their golden goose, and they’re afraid if I keep talking about it then it will stop.
