Immigration judges within the Department of Justice (DOJ) say the government has made it increasingly difficult to rule in an immigrant’s favor. According to a report from NOTUS, the DOJ has relied on pressure campaigns to steer hearing outcomes toward the administration’s stricter immigration agenda, and several judges said they fear losing their jobs if they push back.
The Executive Office for Immigration Review (EOIR), the DOJ agency that oversees the immigration courts, has fired around 125 judges since Trump took office roughly nineteen months ago. Another 100 or so have left through separation incentives or retirement. Put together, that’s more than one in four immigration judges gone from the bench.
Impact
The departures also made the judges who stayed on issue relief less frequent. Some judges said they felt swamped with work, with EOIR’s dockets receiving upwards of 150 cases in the morning. Others claimed they got threats of discipline if they continued to rule against the government. Removal orders which remained relatively consistent for most of Trump’s current term increased by 30% in June, cited TRAC in the report.
In the meantime, the DOJ has rapidly filled open slots on the immigration bench, hiring 190 new immigration judges in FY 2021, a DOJ hiring record. Of the 118 judges hired since May, 89% came from ICE, the military, or prosecutors’ offices, rather than the immigration-focused private law practices EOIR typically recruited from in the past. Additionally, many of the judges being hired are received less training than prior judges.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.