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Homeland Security Secretary Markwayne Mullin is drawing a distinction between the federal judges he says the Trump administration can work with and those he says are "almost impossible" to deal with, singling out judges appointed by President Joe Biden as the administration continues to fight immigration battles in federal court.
"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," said Mullin on the sidelines of the RNC Midterm Convention on Thursday.
Mullin’s comments come as the Trump administration has repeatedly run into federal judges over its immigration policies, including recent rulings involving birthright citizenship and immigrant visa issuance. But while those court fights have received significant attention, Mullin offered a broader assessment of the judges he believes are most difficult for DHS to work with, specifically pointing to judges appointed by Biden — and, to a lesser extent, Obama.
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In April, Biden-appointed Judge Brian Murphy blocked the Trump administration from ending temporary protected status for more than 5,000 Ethiopians, while in September, Biden-appointed Judge Deborah Boardman blocked enforcement of Trump’s August executive order limiting birthright citizenship, finding the order likely unconstitutional.
Mullin said immigration cases should be "cut and dry," arguing that they ultimately come down to whether an individual entered the country legally and has the proper paperwork.
He compared the issue to homeownership, asking whether someone has "the deed of the house you’re living in" and whether they legally own it.
Mullin also criticized state and local officials in blue states for limiting cooperation with ICE detainer requests, including in cases in which DHS alleges that detainees are violent criminals, drug dealers or known terrorists.
"It makes absolutely zero sense," Mullin said.
Beyond the court system, DHS is also facing battles with elected leaders in blue cities and states.
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"Virginia is out of control right now. I mean, when you start looking at the great state of Virginia, who had a great governor in Governor Youngkin ... and now what they have, they canceled their 287(g) programs, they're not allowing any cooperation with ICE or any of DHS's law enforcement push to make sure we get the criminals off our streets," said Mullin.
Within weeks of taking office, Virginia Democratic Gov. Abigail Spanberger directed the state’s law-enforcement agencies to terminate their existing 287(g) agreements with ICE, which her administration said placed participating officers under federal supervision to conduct civil immigration enforcement.
Mullin claimed that 50% of recent deaths in Fairfax County were "at the hands of an illegal."
"I've said this multiple times, every death that happens at the hands of an illegal is 100% preventable. So why the governor of Virginia, why they wouldn't participate with us being DHS and forcing our nation's laws and getting their criminals off the streets make no sense," he said.
Still, 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," Mullin said, leaving the decision to individual communities.
In Danbury, Connecticut, 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," said Mullin.
"They're prioritizing criminals over law-abiding citizens. We are a nation of laws, and either we respect them or we don't," he added. "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."
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