"Immigration courts overseen by the DOJ's Executive Office of Immigration Review decide whether noncitizens accused of violating immigration laws should be removed or granted protection from removal. The backlog in the courts was about 4.1 million cases in January 2025, according to the published final rule. More than 100 immigration judges have been fired or voluntarily resigned over the last nine months, NPR reports."
"According to a summary in the Federal Register, the old rule restricted eligibility for the temporary judgeships in ways "that are both somewhat inconsistent and unnecessarily siloed in terms of relevant experience." Some examples cited: Lawyers at agencies other than the DOJ with many years of immigration law experience were ineligible to become a temporary immigration judge unless they were currently an administrative law judge. And nonfederal employees were "categorically ineligible" to serve as temporary immigration judges."
The Justice Department changed rules to permit any licensed attorney to serve as a temporary immigration judge. Previous eligibility required former immigration judges, administrative law judges from other agencies, or DOJ attorneys with ten years of immigration-law experience. Immigration courts determine removal or protection outcomes for noncitizens. The backlog reached about 4.1 million cases in January 2025, and more than 100 immigration judges left or were fired over nine months. The prior rule excluded many experienced nonfederal and non-DOJ agency lawyers. Up to 600 Department of Defense attorneys may be sent to fill temporary positions. Some former judges criticize the change.
Read at ABA Journal
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