Policy Shake-Up: Reversal of Immigration Judge Appointments Underway

Department of Justice building exterior with window and plants.

The Trump administration has fired 20 immigration judges appointed by the Biden administration in its final days, marking a significant shift in immigration policy.

Key Takeaways

  • Trump’s DOJ removed 20 “midnight” immigration judges appointed by Biden
  • 13 judges hired in late December and early January were dismissed
  • Seven assistant chief immigration judges were also removed
  • This action mirrors a similar move by the Biden administration in 2021
  • The Executive Office for Immigration Review (EOIR) is following the precedent set by the Biden administration

Trump Administration Reverses Biden’s Immigration Judge Appointments

In a sweeping move, the Trump administration has dismissed 20 immigration judges appointed by the Biden administration during its final days in office. This action includes the removal of 13 judges hired in late December and early January, as well as seven assistant chief immigration judges. The decision marks a significant reversal in immigration policy and mirrors a similar move made by the Biden administration in 2021.

The firings extend beyond the newly appointed judges to include key leadership positions within the Executive Office for Immigration Review (EOIR). The Trump Justice Department has removed Biden-installed leadership, including the acting director, chief immigration judge, general counsel, and head of policy.

Precedent Set by Biden Administration

This recent action by the Trump administration follows a precedent established by the Biden administration. During its tenure, the Biden administration had removed numerous immigration judges appointed during the Trump era, particularly those perceived as closely aligned with Trump’s policies. One senior department official stated, “The Biden administration set a precedent by terminating numerous immigration judges during their term or trial periods for the first time in EOIR history. So, it’s not surprising that EOIR is following that precedent.”

By 2023, the Biden administration had replaced six of the ten senior executive positions at EOIR. Additionally, more than 10 Trump-era immigration judges were terminated or resigned at the end of their probationary period. This pattern of replacements and removals has now been adopted by the current administration.

Impact on Immigration Policy

The removal of these judges is likely to have a significant impact on immigration policy and case processing. Immigration judges, who are employees of EOIR and not part of the regular court system, play a crucial role in determining the outcomes of immigration cases. The ousted judges had not yet undergone training or heard cases, which may minimize immediate disruptions but could delay the processing of future cases.

One notable dismissal was that of Kerry Doyle, a former critic of ICE who was appointed as ICE’s principal legal adviser under the Biden administration. The Biden administration had attempted to convert Doyle’s position from a political appointee to a regular civil service position, a move that has now been reversed.

Politicization of EOIR

These recent changes highlight the increasing politicization of EOIR, an office that was traditionally considered apolitical. The back-and-forth removals of judges and leadership between administrations raise concerns about the consistency and fairness of immigration proceedings. As each administration reshapes the immigration judiciary to align with its policies, questions arise about the long-term stability and impartiality of the immigration court system.

As the situation continues to develop, it remains to be seen how these changes will affect the broader landscape of immigration policy and enforcement in the United States. The ongoing shifts in personnel and policy direction underscore the complex and often contentious nature of immigration issues in American politics.

Sources:

Trump DOJ fires 20 Biden immigration judges