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Donald Trump’s administration been rudely fired or forced out 100 immigration judges Since the president took office, more than a dozen have been involved in the past two weeks alone.
The administration removed at least eight immigration judges from New York City on Monday, according to the union that represents them. The other five judges in San Francisco were fired without explanation last month.
Unlike federal district courts, immigration courts operate under the Justice Department and at the direction of the Attorney General. Trump’s overhaul of the country’s immigration system has overturned the courts that kept it running in order to accelerate his mass deportation agenda.
One of the judges removed in New York is Amina Khan, the assistant chief immigration judge at 26 Federal Plaza, a federal complex in Manhattan that houses immigration agencies and courtrooms.
The departures have reduced the number of immigration judges from 715 to about 600, representing a 16 percent decline within 11 months.
Dozens of other judges have retired or resigned since the beginning of the Trump administration.
A Justice Department spokesperson declined to comment. Independent on personnel matters, but said the agency does not “target” judges “based on personal criteria or the judge’s perceived views one way or another.”
The Justice Department’s Executive Office of Immigration Review “consistently evaluates all immigration judges regardless of background on factors such as conduct, impartiality/bias, adherence to law, productivity/performance, and professionalism,” the spokesperson said.
If there is any demonstration of systematic bias in favor of or against any party, the office is “obligated to take appropriate personnel actions to maintain the integrity of its systems,” the spokesperson said.
At least one disbarred judge has sued the administration, arguing that Justice Department officials relied on Trump’s “unjust” belief that the president can legally discriminate against federal employees based on their gender, national origin and political affiliation.
According to a federal lawsuit filed this week, Tania Nemer, who was let go in February, believes she was fired for being a woman, a dual citizen, the child of immigrant parents, and a one-time Democratic candidate for elected office.
The Equal Employment Opportunity Office rejected their claims in September, arguing that civil rights laws that protect against employment discrimination conflict with the president’s power to fire federal employees – an argument that could broadly erode civil rights protections.
A September Justice Department memo argued that immigration judges have no protections from removal at will under the Trump administration, including under Title VII, which prohibits employers from discriminating on the basis of race, color, religion, sex or national origin.
“It is emphasized: The government’s legal theory represents an unprecedented attack by the current administration against civil service laws that protect millions of federal employees,” Temer’s lawyers wrote on Monday. “If the Government succeeds in changing the law, it will destroy the professional, non-partisan civil service as we know it.”
To fill the gap, the Justice Department has Job requirements relaxed And Dozens of military lawyers were deployed To serve as temporary immigration judges. Previously only Justice Department lawyers with at least a decade of immigration law experience, or former immigration judges, could fill those roles.
As one immigration judge noted, “immigration law experience is not always a strong predictor of success,” according to last week’s rule change.
After Trump took office, the Justice Department’s Executive Office for Immigration Review asked judges to approve motions from government lawyers to immediately dismiss immigrants’ cases, making them easier targets for arrest and deportation.
That strategy has arisen Scenes of masked federal agents patrolling courthouse hallways And as soon as the immigrants’ hearings stop, they are thrown out.
In September, Defense Secretary Pete Hegseth Approval given to send 600 military lawyers In the Department of Justice to serve as immigration judges.
The International Federation of Professional and Technical Engineers, a union that represents immigration judges, reported Independent At the time it supported filling temporary immigration judge positions “through a transparent, merit-based process that takes into account an individual’s background, legal experience, knowledge of immigration law or judicial procedures, and experience in administrative law.”
But the union said, “Appointing judges without sufficient experience or knowledge of immigration laws could slow down the system and increase appeals.”
Ben Johnson, executive director of the American Immigration Lawyers Association, said in response to Pentagon pressure on lawyers to serve as immigration judges, “The work of immigration judges has been described as life-and-death decisions in traffic court situations.”
“It is absurd to expect impartial decisions from judges unfamiliar with the law,” he said. “This reckless move undermines due process and further undermines the integrity of our immigration court system.”
A group of Democratic lawmakers have filed legislation that would limit who the Trump administration can appoint as a temporary judge.
California Senator Adam Schiff’s bill would mandate that the Attorney General can only appoint temporary immigration judges who have served on appellate panels, have been administrative judges in other agencies, or have at least 10 years of experience in immigration law.
“The Trump administration’s willingness to fire experienced immigration judges and appoint inexperienced or temporary ‘deportation judges’ has fundamentally impacted the landscape of our justice system,” Schiff said in a statement Wednesday.
“Given the administration’s unlawful termination of qualified judges, and its plan to leverage the power of temporary designations to accelerate its mass deportation agenda, the risks of serious injury to families, fairness, and due process are exacerbated,” he said.