According to a new report by independent journalist Laura Loomer, the husband of U.S. District Judge Jennifer L. Thurston—recently appointed by President Biden—may have a financial interest that raises concerns about a potential conflict of interest in a recent immigration-related ruling. Judge Thurston issued a preliminary injunction on April 29, 2025, barring federal immigration agents from detaining suspected undocumented immigrants without individual arrest warrants across parts of California, including Kern County.
Loomer reports that Judge Thurston’s husband, Marc A. Thurston, is a senior vice president at ASU Commercial and works as a multifamily real estate broker in Bakersfield, California. According to Loomer, Marc Thurston has publicly expressed concerns that mass deportation policies, such as those promoted by former President Donald Trump, could negatively affect the local rental market, particularly in communities with large undocumented populations.
In videos reportedly posted to his Instagram account and later deleted, Marc Thurston allegedly stated that widespread deportations would lead to high vacancy rates, impacting landlords and investors in the Bakersfield area. Loomer argues that this connection should have prompted Judge Thurston to recuse herself from the case due to the appearance of a conflict of interest.
She cites federal judicial guidelines requiring recusal in instances where a judge’s impartiality might reasonably be questioned (28 U.S.C. § 455(a)), or if their spouse has a financial interest that could be substantially affected by the case’s outcome (28 U.S.C. § 455(b)(4)).
Judge Thurston’s injunction limits U.S. Border Patrol agents’ authority in her district, requiring them to obtain warrants before making arrests unless there is reason to believe a suspect may flee. Her ruling also stipulates that agents must have reasonable suspicion before stopping individuals and prohibits pressuring them into “voluntary departure” without proper advisement of their rights.
The ruling follows the ACLU’s legal challenge to a January immigration enforcement effort, “Operation Return to Sender,” during which numerous individuals—primarily farmworkers and day laborers—were allegedly detained without due process. Newsweek notes that Thurston’s order applies only to federal agents operating within her judicial district.
