U.S. Immigration Court System Faces Sweeping Overhaul

The U.S. immigration court system, operated by the Department of Justice's Executive Office for Immigration Review (EOIR), has undergone significant personnel reductions, restructuring, and policy changes over the past year. These changes include the termination of dozens of immigration judges, the closure of at least one court, the alteration of the Board of Immigration Appeals (BIA), and the introduction of new hiring practices and proposed legislation.

Personnel Reductions and Staffing Changes

"The immigration court system had 726 permanent immigration judges. That number has since fallen to 520 permanent judges and 33 assistant chief immigration judges."

As of early 2025, the immigration court system had 726 permanent immigration judges. That number has since fallen to 520 permanent judges and 33 assistant chief immigration judges (ACIJs), a reduction of over 200 judges, according to one count. NPR reported that between February and October of the current year, approximately 70 judges received termination notices. The judges' union reported a total of more than 90 terminations during the same period. In addition to judges, EOIR lost over 400 legal assistants, attorney advisers, and administrative staff.

NPR's analysis indicated that approximately 44% of the 70 terminated judges had prior experience defending immigrants, without previous work at the Department of Homeland Security (DHS). This was more than double the proportion of terminated judges who had only prior DHS experience. An analysis of judges onboarded between February 2023 and November 2024 showed that judges with prior DHS experience constituted the largest share of those remaining on the bench.

The DOJ has disputed the count of 70 terminated judges, stating the number is fewer than 55 but could not provide further details due to furloughs. A DOJ spokesperson stated the agency does not "target" or "prioritize" judges based on prior experience, and that it evaluates judges based on conduct, impartiality, adherence to law, productivity, and professionalism.

San Francisco Immigration Court Closure

EOIR announced the closure of the San Francisco Immigration Court by the end of the year. All personnel will be transferred to the Concord Immigration Court, approximately 30 miles away. EOIR stated the move is intended to be more cost-effective.

The San Francisco court experienced a significant reduction in judges, losing 12 judges and a court supervisor to termination. Several others retired or departed, leaving the court with four judges and one supervisor, down from 21 at the start of the year. The remaining judges in San Francisco are managing approximately 120,935 cases, which will be transferred to Concord or handled remotely.

National Impact on Courts and Backlog

"The system currently faces a backlog of nearly 4 million cases."

The reductions in personnel have led to depleted staff morale, mounting case backlogs, and delays. The system currently faces a backlog of nearly 4 million cases. As a result of the terminations and resignations, immigration courts in Aurora, Colorado, and Oakdale, Louisiana, now have zero permanent judges. Twelve immigration courts have lost over half of their judges.

Each judicial termination or resignation can result in thousands of cases being reassigned to other judges, with new court dates extended as far as 2029 or 2030. EOIR has stated that reducing the court backlog is a high priority and that it is committed to enhancing operational efficiency.

Board of Immigration Appeals (BIA) Changes

The Trump administration reduced the BIA's size from 28 to 15 judges. In 2024, the board published a record 70 precedent-setting decisions. An analysis of BIA decisions indicates that the government prevailed in 97% of publicly posted cases in 2025, a rate at least 30 percentage points higher than the average from the previous 16 years.

The BIA has implemented policy changes that have made it more difficult for immigration courts to grant bond in place of detention and facilitated the deportation of migrants to countries other than their home country. A proposed regulation aimed to shorten the appeal window from 30 to 10 days and simplify dismissal of appeals. Five immigrant rights organizations sued, and a federal district judge blocked most of the rule, deeming it unlawful.

In a precedent decision on Friday, the BIA ruled that being a DACA recipient is not sufficient grounds to terminate removal proceedings. The decision reverses an immigration judge's termination of proceedings for an individual based solely on her DACA status and remands the case to a different immigration judge.

Hiring and Recruitment

EOIR plans to onboard new classes of immigration judges quarterly. The DOJ announced its first class of 2025, comprising 25 temporary judges who are military lawyers. The Pentagon authorized up to 600 military lawyers from the Judge Advocate General's Corps (JAGs) to serve as temporary immigration judges. An analysis by a legal nonprofit indicated that JAG judges have issued removal orders at a higher rate than other judges. One JAG judge, Christopher Day, who had granted asylum and relief from deportation at a higher rate than his JAG counterparts, has been removed from his position.

A recruitment campaign for "deportation judges" has been launched, offering incentives for positions in eight courts in New York, California, and Massachusetts. Recruitment materials include phrases such as "Define America for generations" and "restore integrity and honor to our Nation's Immigration Court system."

The incoming class of permanent judges primarily consists of individuals with backgrounds in federal government work, including EOIR and DHS. The DOJ has also moved to reinstate immigration judges it characterized as unfairly dismissed by the Biden administration.

Individual Lawsuits and Terminations

Tania Nemer, a former immigration judge, has filed a lawsuit in Washington, D.C., alleging that her dismissal was discriminatory based on her gender, her status as a dual citizen of Lebanon, and her past political activity. Nemer claims the government argues that the President's authority under Article II of the U.S. Constitution supersedes core civil rights legislation for federal employees. Nemer is seeking reinstatement and backpay.

Other judges, including Ila Deiss and Emmett Soper, who had served since 2017 and 2016, respectively, were also terminated. Jeremiah Johnson, an immigration judge in San Francisco since 2017 who was recently terminated, stated he received no prior indication of performance issues.

Proposed Legislation

Democrats in Congress have introduced legislation to establish specific qualification criteria for temporary immigration judges. The bill, proposed by Senator Adam Schiff (D-CA) and Representative Juan Vargas (D-CA), would require temporary immigration judges to meet professional standards such as having served on appellate panels, being an administrative judge in another agency, or possessing a minimum of 10 years of experience in immigration law. The legislation currently lacks Republican co-sponsors.