❓WHAT HAPPENED: The Department of Justice (DOJ) announced a rule change allowing attorneys without immigration law experience to serve as temporary immigration judges.
👤WHO WAS INVOLVED: The DOJ’s Office of Immigration Review, Attorney General Pam Bondi, and immigration judges.
📍WHEN & WHERE: The rule was published on Thursday in the Federal Register and applies to immigration courts nationwide.
💬KEY QUOTE: “Immigration law experience is not always a strong predictor of success as an [immigration judge],” the DOJ stated in the Federal Register.
🎯IMPACT: The new rule aims to address a backlog of over three million immigration cases by expanding the pool of eligible judges.
The Department of Justice (DOJ) has initiated a rule change to allow attorneys without immigration law experience to act as temporary immigration judges as part of an effort to clear a backlog of immigration cases numbering in the millions. On Thursday, the DOJ’s Office of Immigration Review published the rule in the Federal Register removing the requirement that temporary immigration judges have substantive prior experience in immigration law.
According to the rule change, Attorney General Pam Bondi will hold authority over the approval of jurists appointed to serve as immigration judges. This represents a significant shift following the dismissal or buyout of over 100 judges by the Trump administration earlier this year, amid concerns that many had an anti-deportation bias.
The Federal Register rule change states that the DOJ “no longer believes the restriction of TIJs to current department employees with a threshold level of immigration law experience serves EOIR’s interests,” adding: “Immigration law experience is not always a strong predictor of success as an [immigration judge] and EOIR has hired individuals from other federal agencies and Department components without prior immigration experience who have become successful and exemplary [immigration judges].” It further explained that the change allows for “the greatest degree of flexibility” in finding qualified candidates.
In addition, the rule notes that attorneys with experience in prominent courts or those who have clerked for the Supreme Court should not be disqualified from serving in an immigration-related capacity.
The DOJ emphasized that the need for assistance in adjudicating immigration cases has significantly increased since the original plan to utilize temporary immigration judges was introduced in 2014.
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