Immigration Judge Shira Levine was abruptly fired while presiding over an asylum claim in a San Francisco courtroom, learning of her termination via a computer notification. She read the termination letter into the court record, apologized to the parties, and walked out without resolving the years-long case. Her firing in September was one of many: the Trump administration has dismissed, transferred, or secured early-out offers from 139 immigration judges since President Trump took office, with September having the highest number of dismissals.
The Executive Branch’s Influence
Unlike federal courts, immigration courts are housed within the Justice Department under the executive branch, allowing the administration to wield immense influence over the judicial process—a system crucial to President Trump’s deportation campaign. This purge began with the abrupt removal of senior leadership at the Executive Office for Immigration Review (EOIR), signaling a push to install officials aligned with the administration’s policy vision. Many of the fired judges, at least 30 of whom had asylum grant rates of 30% or higher, were given no reason for their termination. Former judge Ashley Tabaddor called the firings “exceedingly rare” in the past, arguing the current campaign is part of a “very grand scheme of creating a very frictionless deportation machine.”
Case Backlog and Vulnerable Judges
The firings exacerbate an existing crisis: the immigration court system faces a backlog of over 3.4 million cases. The termination of experienced judges leaves thousands of these cases in limbo. Judge Chloe Dillon, who was also fired via email without cause, said she had no time to hand off her 6,000 cases. Critics, including the NAIJ union president, condemn the dismissals as “hypocritical,” arguing they waste taxpayer dollars and further delay justice while the administration prioritizes enforcement. Both Levine and Dillon are now legally challenging their removals.
In a highly controversial move, the Justice Department recently eliminated certain experience requirements for temporary immigration judges, paving the way for any attorney to fill the role. The administration is now moving to enlist military lawyers—specifically Judge Advocates General (JAGs)—to serve as temporary immigration judges. Former officials warn that placing personnel without sufficient immigration expertise and training into crucial decision-making roles will undermine due process. There is a concern that JAGs may be involuntarily transferred and could risk being dismissed by the administration if their rulings do not align with the White House and DHS agenda.
Author’s Opinion
The mass, no-cause firings of immigration judges, particularly those with higher asylum grant rates, is a clear and cynical administrative tactic to overhaul the judicial system without having to pass new laws. By replacing experienced, judicious decision-makers with temporary appointments, the administration seeks to transform the immigration courts from a judicial check on deportation into a mere processing mechanism that aligns with its executive enforcement goals. This deliberate sabotage of the judicial process, which simultaneously exacerbates a massive case backlog, confirms that for the administration, ideological conformity and speed are prioritized over the rule of law and the constitutional right to due process for immigrants.
Featured image credit: Freepik
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