More than 100 immigration judges dismissed since 2025: what their role is and why they are not independent from the Executive Branch
Key Takeaways
- It has been reported that more than 100 immigration judges have been dismissed since 2025, a wave of removals that raises concerns about court operations and case continuity.
- Immigration judges sit in the Executive Branch under the Department of Justice’s EOIR (Executive Office for Immigration Review), not as independent Article III judges; their employment and discipline are controlled by the Executive.
- Decisions by immigration judges are appealable to the BIA (Board of Immigration Appeals) and then to federal courts, but the initial adjudicators and the appeals board are both housed within DOJ.
- The personnel changes may increase delays, require reassignments or rehearings, and complicate access to hearings for noncitizens and their lawyers.
- People in removal proceedings should check their case status, stay in contact with counsel, and be prepared for scheduling changes.
What immigration judges do
Immigration judges decide whether noncitizens should be removed (deported), allowed to remain, or granted relief such as asylum or cancellation of removal. They also hold bond and custody hearings. These judges are employees of the Department of Justice (DOJ) and work in the Executive Office for Immigration Review (EOIR). Because they operate within the executive branch, they are not Article III judges (federal judges appointed under the Constitution who enjoy life tenure); instead they are administrative judges whose hiring, discipline and removal are managed by DOJ.
Why they are not independent from the Executive Branch
The structure matters: EOIR immigration judges and the Board of Immigration Appeals (BIA) are components of DOJ. That means the same branch that sets immigration enforcement policy also controls the tribunal that applies that policy at first instance and on internal appeal. Critics argue this can create real or perceived pressure on adjudicators; supporters say it allows unified management and accountability. It has been reported that more than 100 judges were dismissed since 2025 — those reports should be treated cautiously until full DOJ explanations or public records are available. Allegedly, some dismissals are tied to performance reviews, alleged misconduct, or policy changes, but details vary case by case.
What this means for people in the system
Practically, removals of judges can slow hearings, disrupt case continuity, and require rehearings or new assignments, aggravating an immigration court backlog that has long been a major problem for migrants and lawyers. For individuals, that can mean longer detention or prolonged uncertainty for those fighting deportation or applying for relief. Because appeals from immigration judges go to the BIA (also within DOJ) and then to federal courts, parties still have judicial review outside the Executive, but the road is longer and more expensive. Anyone currently in proceedings should confirm hearing dates through counsel or EOIR’s case status system, be ready for rescheduling, and seek legal advice if their judge is reassigned or removed.
Source: Original Article