Following the termination of several immigration judges, the acting director of the Executive Office for Immigration Review (EOIR) invited more than a dozen of them to reapply. The director argued because the attorney general didn’t sign off on the terminations, their validity was questionable. At least fifteen immigration judges were fired under these circumstances. Originally appointed by President Trump in his first presidency, these immigration judges were released under Biden.

Acting EOIR director Sirce Owen clarified due to the secretive nature of the EOIR’s prior practices pertaining to terminations, there is too much doubt surrounding the terminations for them to be considered valid. He further explained the EOIR’s actions exposed itself to litigation from terminated employees who could’ve challenged the basis of their removal. Director Owen stated that, going forward, all employee terminations must be forwarded by the Director for approval from the Attorney General.

The decision marks a much-needed potential boost to the number of specialists in the immigration system. Due to the wave of terminations and cutbacks leveled towards federal agencies by the Trump administration, the pressure on the U.S. immigration system and its institutions has greatly increased. Additionally, these cuts to federal funding are driving a likely increase to the already present backlog of immigration filings. It’s hoped that at least some of the immigration judges fired by the Biden administration will be readmitted and provide some much-needed breathing room for the immigration system. Critics have pointed out the Trump administration already removed multiple immigration judges appointed under Biden, and that Director Owen’s invitation to reapply could serve to replace them with potentially more complicit ones.

The immigration system is just one part of the federal government that has experienced massive cutbacks and reductions in staff since the start of President Trump’s second term. Other agencies include the Department of Education and the National Parks Service. Most recently, DOGE director Elon Musk advocated for massive reductions in Social Security, citing untrue claims that the network was being exploited by undocumented immigrants.

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.

immigration judges