Twenty Immigration Judges Appointed by Biden Have Been Removed by Trump

Department of Justice building exterior with window and plants.

The Trump administration fires 20 Biden-appointed immigration judges in a move mirroring Biden’s 2021 actions.

Key Takeaways

  • The Trump administration removed 20 “midnight” immigration judges appointed by Biden.
  • 13 judges hired in late December and early January were dismissed, along with 7 assistant chief immigration judges.
  • This action mirrors Biden’s 2021 removal of Trump-appointed judges from immigration courts.
  • The Executive Office for Immigration Review (EOIR) has become increasingly politicized in recent years.
  • Immigration judges are employees of EOIR and not part of the regular court system.

Trump Administration Removes Biden-Appointed Judges

In a significant move, the Trump administration has dismissed 20 immigration judges appointed by President Biden during his final days in office. This action includes the removal of 13 judges hired in late December and early January, as well as seven assistant chief immigration judges. The decision mirrors a similar move made by the Biden administration in 2021, which saw the removal of many Trump-appointed judges from immigration courts.

The firings followed the removal of Biden-installed leadership at the Executive Office for Immigration Review (EOIR), including the acting director, chief immigration judge, general counsel, and head of policy. This sweeping change in personnel underscores the growing politicization of what was traditionally considered an apolitical office.

Precedent Set by Biden Administration

The Trump Justice Department views its actions as consistent with the precedent set by the Biden administration. A senior department official stated that “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.”

This statement highlights the tit-for-tat nature of these personnel changes, with each administration seemingly justifying its actions based on the previous administration’s behavior. By 2023, the Biden administration had replaced six of the ten senior executive positions at EOIR, and more than 10 Trump-era immigration judges were terminated or resigned at the end of their probationary period.

Impact on Immigration Judiciary

The removal of these judges raises questions about the stability and impartiality of the immigration judiciary. It’s worth noting that immigration judges are employees of EOIR and not part of the regular court system, which makes them more susceptible to political influence. The ousted judges had not yet undergone training or heard cases, potentially minimizing immediate disruptions to ongoing immigration proceedings.

Among those fired was Kerry Doyle, a former critic of ICE who was appointed as ICE’s principal legal adviser. The Biden administration had attempted to convert Doyle from a political appointee to a regular civil service position, a move that was ultimately unsuccessful.

Broader Implications for Immigration Policy

These personnel changes reflect the broader ideological battles over immigration policy in the United States. As administrations change, so too do the individuals responsible for interpreting and implementing immigration law. This revolving door of appointees can lead to inconsistencies in policy application and potentially affect the lives of countless immigrants navigating the complex U.S. immigration system.

The politicization of EOIR and the immigration judiciary raises concerns about the fairness and consistency of immigration proceedings. As each administration seeks to shape the immigration system according to its policy goals, the independence of immigration judges and the stability of the system itself may be compromised.

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Trump DOJ fires 20 Biden immigration judges