Washington — A significant shift has occurred within the nation’s immigration courts, particularly in California, since the start of the Trump administration. More than a quarter of federal immigration judges in the state have been fired, retired, or have otherwise left their positions.
Changes to the Court System
This reduction in judges mirrors a nationwide trend and, according to critics, represents an attack on the rule of law that will likely exacerbate existing delays in an already overburdened system. The changes have coincided with increased administration efforts to deport immigrants living in the U.S. illegally, with officials characterizing the current immigration court process – often taking years due to a backlog of millions of cases – as an obstacle to their goals.
Nationwide, at least 97 immigration judges have been fired since President Trump took office, with roughly the same number resigning or retiring, according to the union representing immigration judges. California has seen at least 35 judges depart since January, a decrease from 132. The San Francisco Immigration Court has been particularly affected, losing more than half of its judges.
Concerns About Fairness and Due Process
Emmett Soper, who previously worked at the Justice Department and later served as an immigration judge in Virginia in 2017, emphasized the fundamental importance of a hearing. “A noncitizen might win their case, might lose their case, but the key question is, did they receive a hearing?” he said. “Up until this administration, I had always been confident that I was working in a system that, despite its flaws, was fundamentally fair.”
Former San Francisco Immigration Court judge Amber George expressed deeper concerns, stating, “Our government institutions are losing their legitimacy.”
New Appointments and Concerns
The administration intends to fill some of the vacancies, with recent job listings seeking candidates who want to be a “deportation judge” and “restore integrity and honor to our Nation’s Immigration Court system.” The immigration judges union has deemed these listings “insulting.” President Trump himself stated on Truth Social in April that he was elected to “remove criminals from our Country, but the Courts don’t seem to want me to do that,” adding, “We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years.”
The National Association of Immigration Judges anticipates further retirements at the end of the month. The Department of Justice has not responded to specific questions but maintains that judges must be impartial and that the agency will act against any systemic bias.
Former judges report abrupt terminations, often delivered via email during hearings, followed by swift removal from the Justice Department website. Jeremiah Johnson, one of five judges recently terminated from the San Francisco Immigration Court, fears the administration is attempting to circumvent the courts by creating conditions that encourage immigrants to drop their cases. He noted that the number of detained immigrants has reached record levels – exceeding 65,000 – with reports of inhumane conditions, including medical neglect and obstructed access to legal counsel.
Legislative Response and Legal Challenges
Bills have been introduced in the Senate and House that would prevent the appointment of military lawyers as temporary immigration judges and limit their service to two years. While these bills face an uphill battle in the Republican-controlled Congress, they demonstrate strong opposition from Democrats, particularly in California. Former Immigration Judge Tania Nemer has filed a lawsuit alleging illegal termination based on gender, ethnicity, and political affiliation.
Frequently Asked Questions
How many immigration judges have been removed since the start of the Trump administration?
Nationwide, at least 97 immigration judges have been fired since President Trump took office, and approximately the same number have resigned or retired, according to the union representing immigration judges. California has lost at least 35 judges since January.
What is the administration doing to fill the vacancies?
The administration intends to fill some positions and has posted job listings seeking candidates who want to be a “deportation judge.” They have also recently added 36 judges, 25 of whom are military lawyers serving in temporary positions.
What concerns have been raised about the new appointments?
Concerns have been raised about the lack of immigration law experience among some of the newly appointed judges, particularly the temporary military lawyers, and the potential for bias or pressure to expedite cases.
Given these ongoing changes, what impact will these shifts have on the future of immigration proceedings and the rights of those navigating the system?
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