James Percival, General Counsel for the Department of Homeland Security (DHS) , sat down with "60 Minutes" for an interview, and he posted segments of the interview on X, including ones that "60 Minutes" edited out of the aired version of the interview.
A conversation with @60Minutes on rapists and murderers, which they declined to include. pic.twitter.com/XjUs7uDzj3
— James Percival (@DHSGenCounsel) October 27, 2026
"So let's talk about the two crimes that I hear you and others in the administration talk about most: murder and rape," said Gianna Toboni. "Based on this internal DHS document, in Trump's first year, 0.5 percent of those detained, 0.5 percent were accused or convicted of homicide. 1.4 percent were accused or convicted of sexual assault. I mean, together, that's two percent."
"And isn't it wonderful that we're getting those people out of the country?" Percival asked. "Should that be the limit of who has to follow the law? Just rapists and murderers have to follow the law?"
"I take that point," Toboni replied. "But two percent, murder and rapists. This is what we keep hearing. This is who is being deported. But that's two percent. What about everybody else?"
"Well, again, I mean, so a couple of things. Number one, everyone has to follow the law. It is not an excuse to say I'm not going to follow the law because I haven't raped or killed anybody," Percival said. "But number two, there are a lot of other very serious crimes."
"One of the things about people who commit less significant crimes," he continued, "is they often commit more significant crimes. And I, for one, as someone who has an obligation to protect the American people, I want anyone who could commit a crime, who is not supposed to be in this country out of this country because every illegal alien crime is a preventable crime."
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"So you're saying someone commits a misdemeanor, why take the chance that they won't then, you know —" Toboni said.
"Well, what I'm saying is that we have laws, Congress passes those laws, we just enforce them," Percival replied. "And this obsession with whether somebody has committed a sufficient crime, an immigration judge has ordered us to remove someone. We're following an order from an immigration judge."
Bari Weiss still has quite a bit of work to do. This is an embarrassingly poor interview from an extremely unprepared questioner with an axe to grind. https://t.co/7mvSwSqlGL
— Will Chamberlain (@willchamberlain) October 27, 2026
Yes. And there was more.
More good stuff that @60Minutes did not include. pic.twitter.com/XCwAwXtC3m
— James Percival (@DHSGenCounsel) October 27, 2026
"Based on an internal DHS document that we had access to in the Trump administration's first year in office for this second term, less than 14 percent of people detained by ICE had a violent criminal record," Toboni said. "Less than 14 percent."
"So one of the tricks that people do is they use this violent crime label. It's an incredibly misleading label. There are many horrible, horrible crimes that people do not classify as violent crimes," said Percival. "Let me give you some examples. Child pornography ... watching it is not considered a violent crime. Trafficking in heroin, not considered a violent crime. So anytime anybody ever feeds you a violent crime stat like that, they are absolutely cooking the books to erase the significant criminality and public safety threats that you're looking at in that population."
"I appreciate you, the nuance there," replied Toboni. "Because I think that is very important."
"It's a very important nuance," Percival said. "These people are suggesting that people who watch child pornography and people who sell heroin aren't people who should be removed from the country because they're not quote unquote violent criminals. It's one of the most ridiculous things I've ever heard."
You can kind of see why @60Minutes left stuff like this on the cutting room floor. pic.twitter.com/w5L4jEbdJl
— James Percival (@DHSGenCounsel) October 27, 2026
"I guess one thing I would point out, I mean, are you suggesting that when these people went to their home countries, that they were persecuted or tortured?" Percival asked Toboni.
"I'm not suggesting that. A U.S. judge said that," she replied. "A federal judge said that."
"Said that they were persecuted and tortured when they went to their home country?" Percival asked again.
"That they were more than likely to be tortured or persecuted if they were returned to their home country," Toboni said. "And then they were sent to Ghana and returned to their home country."
"Are you suggesting that they were persecuted or tortured?" Percival asked.
"Some have faced violence," Toboni said. "But that's not what I'm alleging."
"Well, but again, you're suggesting that Ghana is not accurately adjudicating whether they fear persecution or torture in their home country," Percival said. "If that were true, you would expect those people to return to their home country and then face persecution and torture because Ghana would be getting it wrong. And if they're going to their home country and you're not hearing claims they're being persecuted or tortured, then that suggests that Ghana's procedures are adequate. Now, again, I work for the U.S. government, Ghana's got its own procedures. But to me, the ultimate question is, are they actually sending someone somewhere were they're going to be persecuted or tortured and it doesn't sound like you're making that claim."
This was embarrassing for "60 Minutes" and Toboni.
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