The Trump administration, under the auspices of the Executive Office for Immigration Review (EOIR), has been quietly removing immigration judges. Some have been let go after their two-year probationary period; others have been actively removed and replaced by new civilian and JAG lawyers. One of the EOIR reforms is that new judges do not necessarily need to have immigration experience.
In recent months, EOIR leadership has criticized judges for not efficiently managing their caseloads, and has encouraged adjudicators to streamline asylum reviews and give oral, as opposed to written, decisions on case dismissals.
Earlier this month, about 600 military lawyers were authorized to work for the Justice Department as temporary immigration judges. And the DOJ made changes to who could qualify as a temporary immigration judge — effectively lowering the requirements and removing the need to have prior immigration experience.
The One Big Beautiful Bill Act (OBBB) allocated $3.3 billion to the Department of Justice (DOJ) for immigration enforcement, and EOIR is a subset of the DOJ. The money is slated toward hiring new judges, of which the EOIR currently has around 700 in place. The money's allocation also inserted a required cap on judges, limiting them to 800 judges effective November 2028.
So, it looks like what it is: a house cleaning, and a fresh wave of terminations and replacements is underway.
Nearly 20 immigration judges received emails this month informing them that they are being let go, NPR has learned, adding to the over 80 judges that have already been cut by President Trump so far this year.
At least 14 immigration judges learned last Friday that they would be put on leave and that their employment would terminate as soon as Wednesday in some cases, according to two people familiar with the firings and a confirmation from the International Federation of Professional and Technical Engineers (IFPTE), a union that represents immigration judges. The two people spoke on condition of anonymity for fear of reprisals. Courts in Florida, New York, Maryland, California and Washington state are among those affected.
EOIR is tasked with the administration of the immigration court system: from assigning judges to setting the legal precedents and procedures on how immigration courts conduct business. But with a backlog of cases at four million, they are falling down on this job. The fact that Immigration and Customs Enforcement (ICE) is focused on targeted and sweeping enforcement to remove illegal aliens who have overstayed their welcome is a clear indication that something is broken within the EOIR, and the Trump DOJ's aim is to fix it.
So, new judges with a different perspective might just correct this. However, the pro-immigration-by-any-means-necessary lobby misses the plot.
The firings are seemingly at odds with the Trump administration's goals of immigration enforcement, advocates say.
[...]
The dismissal of more immigration judges is an illogical and costly setback for the nation's immigration courts," said IFPTE President Matt Biggs in a statement to NPR. "At a time when the backlog has reached historic levels and the administration has made immigration enforcement a central issue, the removal of experienced judges is hypocritical, undermines the law, wastes taxpayer dollars, and further delays justice for citizens and immigrants alike."
If a system is to be reformed, that system needs fresh blood through personnel that is not institutionalized or inured in a certain mindset. A four-million-case backlog indicates a seriously embedded problem. So, it appears EOIR chose to reboot the system to break up the institutionalized procedures and thinking that created this logjam, and to encourage cases moving more quickly through the subagency.
Which is exactly how the administration responded to this criticism.
The administration counters that immigration judges have not managed their mounting caseloads effectively, and that it has taken steps to streamline the process involved in adjudicating cases. The dispute provides a window into just how complicated the Trump administration's efforts to lower illegal immigration and deport millions of undocumented people are.
It is not complicated when people do their jobs and follow the law. This realignment in the EOIR is working to ensure the judges simply do that.
Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.
Help RedState continue to report on the Democrats’ radicalism and inform voters as our nation faces a crossroads. Join RedState VIP and use promo code FIGHT to receive 60% off your membership.
Join the Conversation
VIP members get the ability to comment on articles.