To tackle the millions of pending immigration cases, the Department of Justice (DOJ) has modified the regulations, now allowing lawyers without immigration law experience to take on roles as temporary immigration judges. This change, published in the Federal Register, aims to lift the requirement for extensive prior experience in immigration law for these judges.
Attorney General Pam Bondy has endorsed a new jurist who may serve in this capacity, marking a shift after the dismissal of more than 100 judges by the Trump administration in early 2025. The DOJ’s strategy aims to alleviate the backlog affecting over three million immigrants, which has become a pressing concern.
The DOJ is facing challenges in Maryland, where there are ongoing discussions about automatic suspension in deportation cases.
The new rules indicate a belief that past experience in immigration law doesn’t necessarily predict success as an immigration judge. It also notes that the department has previously hired individuals from various federal agencies who had no prior immigration background but still excelled in their roles.
Further guidelines specify that lawyers who’ve represented non-immigration cases in prominent courts—particularly those involved with the Supreme Court—should be barred from serving in immigration-related functions.
Since the establishment of the plan to use Temporary Immigration Judges (TIJs) in 2014, there has been a growing need for better adjudication in immigration cases. The initial framework appears outdated and the department acknowledges the necessity of broadening the candidate pool to enhance efficiency within the Executive Office for Immigration Review (EOIR).
As of July, dozens of immigration judges had been dismissed, with many filing formal appeals regarding their terminations. Some of these cases raised concerns related to potential discrimination and instances where actions were perceived to have political motivations.
The DOJ stated that the regulatory changes aim to effectively manage the significant caseloads that immigration courts are facing. The EOIR Director, with the Attorney General’s consent, is now empowered to appoint or select TIJs who will handle cases and oversee immigration court proceedings.
