McCarthy Critiques Judges for “Micromanaging” Immigration Enforcement

On Thursday, former federal prosecutor Andy McCarthy expressed criticism towards federal judges, suggesting they attempt to “micromanage” immigration enforcement in Chicago as a strategy to better their chances of future Supreme Court nominations.

The U.S. Court of Appeals for the Seventh Circuit recently overturned a decision by U.S. District Judge Sarah Ellis, appointed by President Obama. She had mandated that Border Patrol Chief Greg Bovino engage in daily meetings with U.S. Immigration and Customs Enforcement (ICE) to address breaches of restrictions on certain counterinsurgency tactics. McCarthy, speaking on “Fox & Friends” with co-host Brian Kilmeade, asserted that most federal employees generally maintain integrity.

“I think a lot of district judges nominated by Democrats are kind of auditioning for potential Supreme Court roles in a future Democratic administration, so their actions don’t really surprise me any longer,” McCarthy noted. “However, it’s important to state that district judges shouldn’t dictate how law enforcement operates on the ground.”

He further explained, “Our agents receive thorough training. Occasionally, we might run into rogue individuals acting out, but I’m discussing a vast majority of situations, over 90%. Often, these incidents get recorded. This evidence really highlights the commendable work done out there. There are many activists intentionally trying to provoke law enforcement into actions that could be deemed excessive.”

Responding to a question about the indictment of Democratic candidate Kat Abu-Ghazaleh for obstructing a federal officer during protests outside an ICE facility in Broadview, Illinois, McCarthy remarked, “They’re expressing their dissent, but there’s an important boundary between opposition and obstruction.” He indicated that protesters often try to blur that line. “That’s how we end up with phrases like ‘mostly peaceful protests.’ Some genuinely practice their First Amendment rights, but others certainly cross the line.”

Protests against ICE’s activities targeting undocumented immigrants have escalated in locations like Chicago and Portland, Oregon. Recently, a shooting at an ICE office in Dallas resulted in two fatalities, with the suspect taking their own life. Notably, there have been two incidents in Texas involving gunfire directed at ICE or police since early July. Additionally, ten people are facing attempted murder charges related to an ambush on an ICE detention center.

Resistance against ICE’s efforts to detain undocumented immigrants has been noted, including actions from a Milwaukee judge and Nashville’s mayor, Freddie O’Connell, who reportedly assisted an immigrant in evading ICE agents in April. In New York City, ICE agents arrested Democratic mayoral candidate Brad Lander on June 18 for allegedly obstructing an ICE operation, while New Jersey Democratic Congresswoman LaMonica McIver faced charges for assaulting an ICE officer following an incident in Newark.