Filling the Immigration Courts with Temporary, Unqualified Attorneys as Judges Will Undermine the Integrity of the Immigration Court System

Recent actions by the Trump Administration to replace qualified immigration judges with temporarily designated military attorneys raise serious concerns about judicial independence and due process for individuals navigating the immigration system.

On August 28, DOJ’s Executive Office for Immigration Review, which administers the nation’s immigration courts, eliminated virtually all qualification requirements for temporary immigration judge positions, and the Department of Defense announced that same week it would provide 600 military attorneys, without any prior immigration law experience or required minimum years of experience, to serve six-month terms as temporary judges.

Previously, temporary judge positions were restricted to highly qualified individuals who would be able to readily adapt to the high demands of the position: former appellate and trial-level immigration judges, administrative law judges from other federal agencies, or attorneys with at least 10 years of immigration law experience.

“Where the position once required seasoned attorneys with deep immigration expertise, it can now be filled by any licensed attorney in any field, regardless of courtroom or subject-matter