Mullin Says Biden-Appointed Judges Are 'Almost Impossible' to Work With as Immigration Court Fights Escalate
Homeland Security Secretary Markwayne Mullin singled out judges appointed by Presidents Biden and Obama as the most difficult obstacles to the Trump administration's immigration enforcement, while also criticizing blue states and cities that limit cooperation with federal immigration authorities.
Homeland Security Secretary Markwayne Mullin is drawing a sharp distinction between the federal judges he says the Trump administration can work with and those he describes as «almost impossible» to deal with, singling out judges appointed by President Joe Biden as the administration presses its immigration agenda through the courts.
Speaking on the sidelines of the RNC Midterm Convention on Thursday, Mullin said the department generally finds jurists it can cooperate with across most areas of the law. But he argued that judges appointed under former President Barack Obama, and especially those named by Biden, present a different challenge. «We find judges, for the most part, honestly, that we can work with in almost every area. But you've got some of the judges that were appointed underneath Obama and definitely, if they're appointed by Biden, they are almost impossible to work with,» Mullin said.
The comments arrive as the Trump administration has repeatedly clashed with federal judges over its immigration policies, including recent rulings involving birthright citizenship and immigrant visa issuance. In April, Biden-appointed Judge Brian Murphy blocked the administration from ending temporary protected status for more than 5,000 Ethiopians. In September, Biden-appointed Judge Deborah Boardman blocked enforcement of Trump's August executive order limiting birthright citizenship, finding the order likely unconstitutional. The White House has previously criticized what it calls «activist» judges who upend the president's immigration orders.
Mullin said immigration cases should be «cut and dry,» arguing they ultimately come down to whether an individual entered the country legally and possesses the proper paperwork. He compared the issue to homeownership, asking whether someone holds «the deed of the house you're living in» and whether they legally own it. In his view, the legal process is straightforward, and those who enter illegally have chosen to skip the line.
Beyond the courtroom, Mullin criticized state and local officials in blue states for limiting cooperation with Immigration and Customs Enforcement detainer requests, including in cases where DHS alleges detainees are violent criminals, drug dealers or known terrorists. «It makes absolutely zero sense,» he said. He pointed specifically to Virginia, saying the state is «out of control right now» after Democratic Gov. Abigail Spanberger directed state law-enforcement agencies to terminate their existing 287(g) agreements with ICE within weeks of taking office. Her administration said the agreements placed participating officers under federal supervision to conduct civil immigration enforcement.
Mullin also claimed that 50% of recent deaths in Fairfax County were «at the hands of an illegal,» adding that «every death that happens at the hands of an illegal is 100% preventable.» He questioned why Virginia's governor would not participate with DHS in enforcing the nation's laws and removing criminals from the streets.
Despite the friction, Mullin said the Trump administration would not force blue cities to accept federal assistance, arguing that DHS would remain ready to help communities that request it. «What we're not gonna do is force our way in. You're gonna have to decide that,» he said, leaving the decision to individual communities.
He also weighed in on a move in Danbury, Connecticut, where the City Council amended its police hiring ordinance to allow lawful permanent residents and DACA recipients to apply to become police officers. «I don't understand how you can be in law enforcement and yet you have no legal status. I just don't know what, in some of these very liberal towns and liberal states, what are they thinking,» Mullin said. «They're prioritizing criminals over law-abiding citizens. We are a nation of laws, and either we respect them or we don't.»
Mullin closed his remarks by framing the debate around the rule of law. «What separates us from a third world country is we don't believe in lawlessness and when you came in this country illegally, you chose to skip the line because we have a legal process,» he said. The secretary's comments underscore the widening conflict between the Trump administration and Democratic-led jurisdictions over immigration enforcement, a battle increasingly fought in federal courtrooms and state capitols alike.
