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

Officials frame the move as a way to ease a 3.7 million‑case backlog following large departures from the immigration bench.

Overview

  • Effective Aug. 28, the Executive Office for Immigration Review can appoint temporary immigration judges without immigration-law experience, subject to approval by Attorney General Pam Bondi.
  • Temporary appointments run six months and may be renewed without a cap, according to the Federal Register notice.
  • Previous rules limited TIJs to former immigration judges, certain administrative law judges, or attorneys with at least 10 years of immigration experience; those categorical requirements are now removed.
  • The change follows the firing or departures of more than 100 immigration judges and comes as roughly 3.7 million cases remain pending nationwide.
  • DOJ says immigration expertise is not a reliable predictor of success and argues the flexibility will speed adjudications, while advocates and unions warn of politicized appointments, thin training, and due process risks.