Proposed Legislation Targets Immigration Judge Qualifications
Democrats in Congress have introduced legislation aimed at establishing specific qualification criteria for temporary immigration judges. The bill, put forward by California's Senator Adam Schiff and Representative Juan Vargas, follows the termination of multiple immigration judges by the administration.
The proposed legislation would empower the Attorney General to appoint temporary immigration judges only if they meet certain professional standards. These include having served on appellate panels, being an administrative judge in another agency, or possessing a minimum of 10 years of experience in immigration law. These criteria would largely affect the administration's stated intention to deploy up to 600 military lawyers as temporary immigration judges, a plan that removed previous requirements for immigration law experience for these roles.
Context of Judicial Terminations
The introduction of this bill is set against a backdrop of numerous judicial terminations. According to the union representing immigration judges, at least 14 judges were terminated within a two-week period. Many of these individuals had several years of experience on the bench. These recent firings contribute to a cumulative total of over 90 terminations this year, a figure tracked by NPR and the judges' union.
These personnel changes align with the administration's broader objective to modify the composition of immigration courts and influence decisions regarding immigrant residency in the United States. The proposed legislation currently lacks Republican co-sponsors, which may affect its legislative trajectory, but it contributes to ongoing Democratic scrutiny of the administration's handling of immigration court personnel.
NPR has identified approximately 140 immigration judges who have either been terminated, resigned, or accepted early retirement offers from the administration. Over 90 of these, including supervisory personnel, received formal termination notices. An NPR investigation found that a majority of judges terminated between February and October of the current year had prior experience in immigration defense.
Diverse Perspectives on Appointments
Former immigration judges and legal practitioners have expressed concerns that appointing individuals without prior immigration law experience could result in a substantial learning curve and potential due process issues, particularly for temporary appointments of short duration, such as those for military lawyers.
Senator Schiff commented that the administration's terminations of qualified judges and its strategy of utilizing temporary positions to expedite deportations have significantly affected the justice system, raising risks related to families, fairness, and due process.
Jeremiah Johnson, an immigration judge in San Francisco since 2017 who was recently terminated, stated he received no prior indication of performance issues. Johnson asserted, "I was fired for doing my job. And frankly, I think this administration doesn't want judges following the law."
In response, the Executive Office for Immigration Review (EOIR), the agency responsible for immigration courts, has denied allegations of prioritizing judges who would be more inclined to order deportations. EOIR maintains that judges are bound by legal, ethical, and professional obligations to act impartially. The agency also stated it evaluates all immigration judges based on factors including conduct, impartiality, adherence to law, productivity, performance, and professionalism.
Administration's Actions and Backlog Impact
To address a backlog of millions of immigration cases, the administration had authorized the use of military lawyers as temporary judges. This backlog has reportedly increased amidst restructuring efforts within the immigration courts, which operate under the Department of Justice.
Some judges have initiated lawsuits against the administration, alleging that their terminations may have been based on protected characteristics such as nationality or gender. Attorney General Pam Bondi mentioned during a cabinet meeting that she had recently been sued by a terminated female immigration judge.
The administration has recently appointed 36 new judges, 25 of whom are temporary. It also launched a recruitment campaign, prior to the recent terminations, for what it describes as "deportation" judges.
This campaign offers recruitment incentives for positions in eight courts located in New York, California, and Massachusetts, regions where staffing levels have been impacted by firings and resignations.
Recruitment materials for these roles include phrases such as "Define America for generations" and "restore integrity and honor to our Nation's Immigration Court system," alongside benefits such as remote work options.
Each judicial termination or resignation contributes to the existing caseload, resulting in cases originally scheduled for the current year being rescheduled to dates as far out as 2030. Immigration advocates have indicated that these personnel changes contribute to the backlog.
Kathryn Mattingly, an EOIR spokeswoman, stated that reducing the immigration court backlog is a high priority for the agency. She affirmed EOIR's commitment to enhancing operational efficiency to ensure timely justice for all involved parties and the public.