Trump Has Fired 20 Immigration Judges Who Were Appointed by President Biden

Department of Justice building exterior with window and plants.

The Trump administration removes 20 Biden-appointed immigration judges in a move mirroring previous actions by the Biden administration.

Quick Takes

  • Trump’s DOJ fired 20 immigration judges appointed by Biden in the final days of his administration
  • 13 judges hired in late December and early January were dismissed, along with 7 assistant chief immigration judges
  • This action mirrors a similar move by the Biden administration in 2021, which removed many Trump-appointed judges
  • The Executive Office for Immigration Review (EOIR) has become increasingly politicized in recent years
  • The ousted judges had not yet undergone training or heard cases

Trump Administration Removes Biden-Appointed Immigration Judges

In a significant shift within the immigration judiciary system, the Trump administration has removed 20 “midnight” immigration judges appointed by the Biden administration during its final days in office. This move includes the dismissal of 13 judges hired in late December and early January, as well as seven assistant chief immigration judges. The action mirrors a similar decision made by the Biden administration in 2021, which saw the removal of many Trump-appointed judges from immigration courts.

The removals extend beyond just immigration judges. Kerry Doyle, a former critic of ICE who was appointed as ICE’s principal legal adviser, was among those fired. The Biden administration had attempted to convert Doyle’s position from a political appointee to a regular civil service role, a move that has now been reversed.

Politicization of the Immigration Judiciary

The Executive Office for Immigration Review (EOIR), traditionally considered apolitical, has become increasingly politicized in recent years. The Biden administration had previously removed individuals perceived as closely aligned with Trump, and by 2023, had replaced six of the ten senior executive positions at EOIR. This trend of political influence in the immigration judiciary system has continued with the current administration’s actions.

“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” stating one senior department official. The Trump Justice Department views its current actions as consistent with the precedent set by the previous administration, highlighting the ongoing cycle of political influence in these appointments.

Impact on the Immigration Court System

Immigration judges are employees of EOIR and not part of the regular court system, which sets them apart from other federal judges. The ousted judges had not yet undergone training or heard cases, potentially minimizing immediate disruptions to ongoing immigration proceedings. However, these removals followed the dismissal of Biden-installed leadership at EOIR, including the acting director, chief immigration judge, general counsel, and head of policy.

These changes in the immigration judiciary reflect broader shifts in immigration policy between administrations. As each new administration takes office, it often seeks to reshape the immigration system to align with its priorities and vision. This latest round of removals underscores the ongoing debate about the role of politics in the immigration court system and raises questions about the long-term stability and independence of these crucial judicial positions.

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Trump DOJ fires 20 Biden immigration judges