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DOJ Finalizes Rule Allowing Any Attorney to Serve as Temporary Immigration Judge

DOJ casts the move as a way to cut a 3.7 million-case backlog.

Overview

  • The Executive Office for Immigration Review, with approval from Attorney General Pam Bondi, ended prior immigration-law experience requirements for temporary immigration judges.
  • The rule authorizes selection of any attorney for six-month temporary terms that can be renewed without a stated cap, according to the Federal Register notice.
  • The policy shift follows the ouster or pressured departures of more than 100 immigration judges from a bench that was about 650, the judges’ union says.
  • Advocates and legal experts warn the change could invite politically aligned picks, erode due process, and speed deportations.
  • Immigration courts operate within the Justice Department rather than the independent judiciary, and recent tactics including case dismissals and courthouse arrests have already triggered lawsuits and judicial criticism.