Federal Judge Who Blocked ICE Arrests May Have Conflict Of Interest: Report

A new report suggests that the husband of a judge appointed by President Biden may stand to benefit financially from a recent ruling that limits federal immigration enforcement, potentially raising concerns about a conflict of interest.

Independent journalist Laura Loomer shared an extensive post on X, alleging that U.S. District Judge Jennifer L. Thurston’s spouse, Marc A. Thurston, could be directly affected by her recent decision requiring immigration officers to obtain individual arrest warrants before detaining suspected undocumented immigrants. Loomer claims that Marc Thurston, a real estate broker in California who works extensively in the multifamily housing sector, primarily serves “the illegal alien and immigrant community.”

According to Loomer, Marc Thurston has posted content on Instagram expressing criticism of President Donald Trump’s deportation policies, arguing that they are detrimental to brokers and investors in multifamily real estate.

“This is a massive CONFLICT OF INTEREST that casts doubt on Judge Thurston’s April 29th, 2025 issuance of a preliminary injunction forbidding the US Border Patrol from conducting warrantless immigration stops throughout a wide swath of California,” Loomer stated.

She added that the ruling directly impacts Kern County, California, including Bakersfield—where Marc Thurston conducts business.

“Marc A. Thurston, Judge Thurston’s husband and Senior Vice President at ASU Commercial, specializes in Bakersfield’s multifamily real estate market. In video evidence exclusively obtained by @LoomerUnleashed @CcpSkipTracer, Marc Thurston stated on his Instagram account in multiple videos he filmed this year since President Trump’s inauguration, that deportations of ‘undocumented immigrants’ would harm the local rental market in Bakersfield, directly affecting his business, which relies on immigration enforcement outcomes since over 15,000 ‘undocumented workers’ as he calls them, work in the Central Valley of California, and many of these illegals reside in multi-family housing where Marc Thurston and his wife Judge Jennifer Thurston live in California,” she wrote.

Loomer argues that Judge Thurston should have recused herself from the case due to potential bias and the possible financial gain her decision could bring to her husband’s business.

She references federal judicial standards requiring recusal under specific conditions. These include:

28 U.S.C. § 455(a): A judge must step aside if a reasonable person could question their impartiality.
28 U.S.C. § 455(b)(4): A judge must recuse themselves if their spouse holds a financial interest that may be significantly influenced by the outcome of the case.
Loomer also shared video clips of Marc Thurston discussing possible impacts on the rental market and cautioning landlords about potential increases in vacancies. She later noted that these clips were removed from his social media accounts.

Judge Thurston’s ruling, as reported by Newsweek, only affects immigration enforcement within her jurisdiction. It restricts Border Patrol agents from arresting individuals suspected of being undocumented immigrants without a warrant—unless the agents believe those individuals may flee before a warrant can be secured.

The decision also requires agents to have reasonable suspicion before making stops and prohibits them from encouraging “voluntary departure” unless the person has been properly informed of their rights and gives consent.

This legal development follows a January enforcement initiative known as “Operation Return to Sender,” during which many individuals, including farmworkers and day laborers, were detained. The ACLU filed a lawsuit, claiming that the operation violated constitutional rights by targeting people based solely on their appearance or perceived status without considering individual circumstances, Newsweek added.