Van Hollen Joins Schiff, Vargas in Introducing Bill to Prevent Inexperienced Temporary Immigration Judge Appointments, Close Loopholes Exploited by Trump Administration
Today, U.S. Senator Chris Van Hollen (D-Md.) joined Senator Adam Schiff (D-Calif.) in introducing the Temporary Immigration Judge Integrity Act, legislation to prevent inexperienced temporary immigration judge appointments in light of the Trump administration’s abuse of loopholes in current regulations. U.S. Representative Juan Vargas (D-Calif.-52) is introducing companion legislation in the U.S. House of Representatives.
Following the Trump administration’s mass firing of immigration judges and authorizing of up to 600 military lawyers to serve as temporary immigration judges, the bill aims to close the loopholes the administration has been utilizing to speed up their mass deportation agenda – such as the lack of due process protections for individuals in immigration court proceedings.
“Everyone who comes before an immigration court has a right under our Constitution to a fair trial – but the Trump Administration is undermining that right as they replace scores of qualified judges with temporary judges who have little to no immigration law experience. Enacting stronger qualification and training standards for temporarily appointed judges will help ensure due process rights are upheld in our immigration courts,” said Senator Van Hollen.
“The Trump administration’s willingness to fire experienced immigration judges and hire inexperienced or temporary “deportation judges,” especially in places like California, has fundamentally impacted the landscape of our justice system. Given the administration’s unlawful terminations of qualified judges, and their plan to leverage the power of temporary positions to speed up their mass deportation agenda, the risks of grave injury to families, fairness, and due process have expanded. The administration’s unlawful mass firing of immigration judges at an alarming rate is their latest aggressive enforcement tactic that jeopardizes our judicial workforce. Amidst the growing number of pending cases in immigration courts, this legislation will ensure that only experienced and trained temporary immigration judges will have the privilege of adjudicating cases that have permanent consequences for millions of people,” said Senator Schiff.
“After purging over 100 permanent immigration judges from the DOJ, the Trump Administration is now looking to push attorneys with limited to no prior immigration law experience into these roles,” said Representative Vargas. “Anyone facing the life-altering consequences of deportation deserves to have their case heard in front of a judge who is trained and experienced in immigration law. We need guardrails now as the Trump Administration continues to attack our immigrant communities and due process rights.”
The bill would:
- Cap temporary immigration judge appointments at four consecutive six-month terms: 2-year maximum service limit with at least a 3-year break in between services;
- Prevent military attorneys and Judge Advocate Generals (JAGs) from being appointed as temporary immigration judges;
- Authorize appointments of attorneys at the Department of Justice (DOJ) who meet the eligibility requirements;
- Establish basic training requirements.
The bill is co-sponsored by U.S. Senators Dick Durbin (D-Ill.), Michael Bennet (D-Colo.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Mazie Hirono (D-Hawai'i), Mark Kelly (D-Ariz.), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Chris Murphy (D-Conn.), Patty Murray (D-Wash.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Ron Wyden (D-Ore.).
“The Trump Administration has engaged in an unprecedented attack on due process and the rule of law. The only plausible explanation for firing qualified and experienced immigration judges and placing even greater strain on already overburdened immigration courts is a political one. This Administration is dismantling our immigration court system to pursue deportations at any cost,” said Senator Durbin. “I’m joining my colleagues in introducing the Temporary Immigration Judge Integrity Act to ensure that immigration judges are fully qualified to make decisions that profoundly impact the lives of immigrants in America.”
“The Trump Administration's inhumane immigration policies are only made worse by its mass firing of immigration judges, creating an even greater backlog of immigration cases,” said Senator Bennet. “As families and community members languish in detention centers, our immigration courts are unable to efficiently enforce due process rights. This bill addresses this crisis created by the administration and puts qualified judges back on the bench to ensure our courts fulfill their duty.”
“The Trump Administration’s immigration policy focuses on one thing: deportation,” said Senator Booker. “They have even rebranded immigration judges as ‘deportation judges.’ Congress must act swiftly to ensure a fair and just immigration process that reflects our values of freedom, dignity, and the rule of law. The Temporary Immigration Judge Integrity Act will ensure due process for all noncitizens—as required by the Constitution—and reaffirm that any immigration judge must be impartial, qualified, and committed to upholding the rule of law.”
“The Trump Administration’s unlawful ousting of experienced, qualified immigration judges and disregard for due process are yet more moves straight out of an authoritarian’s playbook that jeopardize Americans’ civil rights—and its decision to use servicemembers as political pawns in its mass deportation agenda exploits our troops’ sacrifices,” said Senator Duckworth. “As the number of pending immigration cases continues to skyrocket, using military lawyers as temporary—and unqualified—immigration judges only adds further chaos to our immigration system, and I’m proud to help Senator Schiff introduce this legislation to stop it, honor our troops’ sacrifices and the Constitutional right to due process.”
“The Trump Administration’s decision to lower eligibility requirements for immigration judges and reassign 600 military lawyers, including JAGs, threatens the readiness of our military forces and is an injustice to the millions of noncitizens who deserve to have their cases heard by a qualified immigration judge,” said Senator Hirono. “Not only will this legislation help to ensure that temporary immigration judges meet specific experience and training requirements, but it will also help to protect the readiness and function of our military justice system.”
“By forcing a mass exodus of experienced immigration judges and replacing them with temporary judges who have no experience with immigration law, Trump has thrown our already broken system into more chaos,” said Senator Murphy. “Our bill codifies a basic principle: immigration law judges should know immigration law. President Trump doesn’t get to exploit a crisis he created to sidestep the rule of law and push his anti-immigrant agenda.”
“The Trump administration has already fired or forced out over 100 immigration judges across the country as part of their callous anti-immigrant crusade, and now they are allowing attorneys with zero prior immigration law experience to serve as temporary judges in immigration cases, making hugely consequential decisions about families’ futures,” said Senator Murray. “Every person deserves a fair hearing. The Temporary Immigration Judge Integrity Act is about making sure anyone serving as a judge in an immigration hearing has the basic qualifications to do the job, and that the Trump administration can’t keep unqualified temporary judges in place indefinitely.”
“By firing over 100 immigration judges — including five in San Francisco last week — and replacing them with inadequately trained temporary immigration judges, this Administration is worsening the case backlog across the country and undermining due process by deporting immigrants without a fair hearing,” said Senator Padilla. “This bill will ensure that even temporary immigration judges are qualified, properly trained, and held to a six-month term.”
“Everyone deserves to have their fair day in court before an immigration judge who knows and understands our complex immigration laws. But as a result of the Trump Administration’s continued attempts to steamroll our judicial system, we now have judges with no prior immigration law experience making decisions that have permanent consequences on people’s lives,” said Senator Welch. “I’m proud to join my colleagues in reaffirming our commitment to a just, independent, and humane immigration system.”
“Trump is weaponizing our immigration courts and torching due process rights by replacing experienced judges with unqualified lawyers who will rubberstamp his mass deportation agenda,” said Senator Wyden. “Congress needs to ensure that judges hearing these critical and complex cases have the knowledge to give immigrants the fair hearings that they deserve.”
The bill is endorsed by the American Civil Liberties Union (ACLU), American Immigration Council (AIC), American Immigration Lawyers Association (AILA), Brennan Center for Justice, and the National Association of Immigration Judges (NAIJ).
“Across the country, our friends, neighbors, and family members attend immigration court hearings where judges make high-stakes decisions in their cases,” said Kate Voigt, Senior Policy Counsel, American Civil Liberties Union (ACLU). “Each and every person deserves to have their cases heard by an immigration judge who is well-versed in this complex area of law and who can make fair decisions. The Temporary Immigration Judge Integrity Act is an important step towards ensuring due process in our immigration courts, and the ACLU thanks Senator Schiff for his commitment to reform.”
“The Trump administration has exploited its ability to improperly influence immigration judges’ decisions, further eroding the integrity of the immigration court system. This year alone, the administration has fired or pushed out more than a hundred permanent judges while simultaneously taking steps to hire hundreds of unqualified temporary judges. The American Immigration Council supports this bill because it would prevent future administrations from replacing permanent immigration judges with temporary appointees who lack immigration law experience and are vulnerable to political pressure. Noncitizens are entitled to fair and impartial hearings, and this bill is a critical step toward protecting the independence and credibility of immigration courts,” said Adriel D. Orozco, Senior Policy Counsel, American Immigration Council (AIC).
“Everyone should have their fair day in court, but the Trump administration is firing massive numbers of judges and hiring in their place temporary judges who have barely a few weeks of training and no immigration law experience whatsoever. The administration’s watered-down standards for temporary judges are undermining the fairness and integrity of America’s courts. That is why AILA endorses this important bill led by Sen. Schiff to ensure every judge is qualified and well-trained before they make decisions that can change someone’s life,” said the American Immigration Lawyers Association (AILA).
“The bill is a common-sense approach that ensures temporary immigration judges have sufficient expertise and training to allow them to handle immigration cases. The Supreme Court has recognized immigration law as a complex legal specialty, and minimum requirements are needed to make sure immigrants' due process rights are respected,” said Brennan Center for Justice.
“Strengthening appointment criteria to emphasize credentials, judicial temperament, and commitment to due process reinforces public trust that decisions are based on law and evidence—not politics. Further, implementing rigorous vetting, training, and performance evaluation standards, with safeguards against political influence, promotes judicial excellence and consistency across both permanent and temporary appointments,” said the National Association of Immigration Judges (NAIJ).
Full text of the legislation is available here.