Seventh General Counsel of the U.S. Department of Homeland Security under the leadership of President Donald J. Trump and Secretary Markwayne Mullin

Washington, DC
Joined May 2026
Many people are reaching out demanding I stop tweeting about judicial activism. The tweets will continue until the activism stops. And the whining will only make me tweet harder!
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The President received a mandate from the American people to build a wall, defeat the cartels, and stop the flow of illegal aliens and dangerous drugs like fentanyl into our country. The Secretary’s authority to build that wall is clear as day, as reflected in DHS’s consistent court victories in similar cases. The court’s order is as unprecedented as it is flawed, and we look forward to the Supreme Court’s expeditious consideration of this important question.
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If only someone had created an easily accessible digital tool to confirm the citizenship of registered voters…
NEW: Los Angeles County elections officials confirm in court filing that they have no way to verify U.S. citizenship for voters and they rely solely on a voter’s attestation when they check yes or no to being a U.S. citizen under penalty of perjury. This is part of ongoing lawsuit w/ Feds.
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Judge Schiltz is a partisan actor cosplaying as a neutral adjudicator. That did not stop commentators on the Left from pretending that his status as a Republican appointee (Bush) gave some credibility to the coordinated judicial insurrection in Minnesota. I feel bad for the jurists who came to his defense before he jumped the shark with his NYT interview.
Impartiality is imperative to ensuring public trust in our Nation’s judiciary. Judge Schiltz’s and Judge Tunheim’s on-the-record participation in a recent highly partisan New York Times Article, along with Judge Schiltz’s subsequent public comments, unquestionably calls into doubt whether they can be impartial in these cases. A judge who has publicly taken a political side on the issue of enforcing our Nation’s immigration laws cannot then preside over a case concerning one of the Justice Department’s key immigration enforcement initiatives.
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Impartiality is imperative to ensuring public trust in our Nation’s judiciary. Judge Schiltz’s and Judge Tunheim’s on-the-record participation in a recent highly partisan New York Times Article, along with Judge Schiltz’s subsequent public comments, unquestionably calls into doubt whether they can be impartial in these cases. A judge who has publicly taken a political side on the issue of enforcing our Nation’s immigration laws cannot then preside over a case concerning one of the Justice Department’s key immigration enforcement initiatives.
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While many people know me for calling out the Worst of the Worst, my new challenge coin honors the Best of the Best—the DHS attorneys across our components who fight every day to protect the homeland.
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Praying for my many friends and former neighbors in south Alabama and the Florida panhandle. Follow evacuation instructions, and stay safe!
Florida and Alabama: If local officials issue an evacuation order, follow their instructions and head to your state-designated evacuation zones as soon as possible. Make sure to have multiple ways to stay updated and receive emergency alerts as Hurricane #Isaias develops.
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$3,000 and a flight home is the deal of a lifetime. Leave on your own terms. There truly is no place like home! DHS.GOV/CBPHOME
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NPR lost its federal funding because it became a tool of the Left, perpetuating lies to advance the cause of the Democratic Party. I have spoken with Stephen for hundreds of hours about these issues. He has never once suggested ICE detention should be inhumane. Detention facilities, however, are not luxury hotels, and detained illegal aliens can go home at any time. DHS.GOV/CBPHOME
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Our FY2026 numbers are starting to come in, and they reflect incredible work by our federal prosecutors in the Southern District of Florida. This year, we built capacity, hired more than 85 lawyers, reorganized our Criminal Division around the threats of today and tomorrow, and aligned our culture around three principles: Protect Americans. Restore Impartial Justice. Defend the Rule of Law. The results: 1,230 cases filed. 1,611 defendants charged. Violent-crime filings up 16.2% and Illegal-reentry filings up 107.4% vs the Biden years. And we’re just getting started.
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To understand the degree of lower court activism DHS faces, look at the Supreme Court’s emergency docket. Over the last 1.5 years, we have asked the Court for emergency relief 10 times on major immigration related policies. We won all 10.
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James Percival retweeted
.@DHSGenCounsel on Third-Country removals: “For many years, because the bureaucracy just didn’t really take this seriously and people weren’t willing to spend the diplomatic capital to remove people, very serious criminals who were removable, would just be released back into the community... The Trump administration has prioritized this.”
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Great conversation with @FoxNews about third country removals and our three-peat of Supreme Court wins.
SCOTUS hands Trump a temporary win on third-country deportations — a tool DHS can use to send removable aliens to nations other than their home country when they cannot be returned there. DHS General Counsel James Percival is now going public with case after case of criminal deportees he says illustrate why the tool matters. The current statutory framework dates to a sweeping 1990s immigration law signed by President Bill Clinton. Percival says previous administrations failed to make aggressive use of authorities already on the books. The Supreme Court will hear arguments in December over whether DHS's current procedures comply with federal law, due process and protections against torture. The administration's guidance stays in effect in the meantime. Full story here foxnews.com/politics/dhs-exp…
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SCOTUS hands Trump a temporary win on third-country deportations — a tool DHS can use to send removable aliens to nations other than their home country when they cannot be returned there. DHS General Counsel James Percival is now going public with case after case of criminal deportees he says illustrate why the tool matters. The current statutory framework dates to a sweeping 1990s immigration law signed by President Bill Clinton. Percival says previous administrations failed to make aggressive use of authorities already on the books. The Supreme Court will hear arguments in December over whether DHS's current procedures comply with federal law, due process and protections against torture. The administration's guidance stays in effect in the meantime. Full story here foxnews.com/politics/dhs-exp…
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A Biden appointed judge in Florida says that federal bans on noncitizen voting are unconstitutional. The thing that never happens is now “constitutionally protected activity!”
Can Congress ban noncitizens from voting? A Miami Judge says no, holding a 40-year old law passed by Congress is unconstitutional. I am *extremely* skeptical! Here, the agreed on facts find a Jamaican woman knowingly [illegally] voted in Florida. No federal crime!
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DHS faces rampant judicial misconduct across the country. Thank you, @TheJusticeDept
.@TheJusticeDept has filed a judicial misconduct complaint against the Minnesota federal judges who spoke to the NYT in an unethical partisan press tour on immigration cases. Judges who covet publicity undermine public confidence in the rule of law.
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In our second Supreme Court victory in less than a week, DHS’s third country removal policy is back in effect. A bad day for criminal illegals and open borders activists alike. It’s not too late to get $3,000 and a flight home. DHS.GOV/CBPHOME
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The Biden Administration habitually lied about the adequacy of vetting for the millions of people they let in this country.
DHS watchdog finds vetting errors in 40% of files for migrants who entered US during Biden's botched Afghanistan withdrawal trib.al/iKlidlR
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Our Daily Deportee series highlights the profound public safety impact of failing to conduct third country removals. Today’s Daily Deportee is Enrique Arias Hierro, a citizen of Cuba convicted of attempted murder, impersonating a police officer, and kidnapping.🧵
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In 2007, Mr. Arias offended again, pretending to be a police officer while robbing and ultimately kidnapping his victim. After serving his sentence, Mr. Arias was again released because the Biden Administration had no third country removal policy.
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Three months after President Trump took office, DHS arrested Mr. Arias and removed him to South Sudan.
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