The Trump administration is pressing ahead with an aggressive effort to bolster its immigration court capacity by recruiting more judges — even as it simultaneously fires dozens of current immigration judges, raising alarm among union officials and immigration advocates.
At the heart of the move is a historic backlog in the Executive Office for Immigration Review (EOIR), which oversees the U.S. immigration courts. According to recent reports, more than 3.4 to 3.7 million cases are awaiting resolution, placing enormous strain on the system.
To address the crunch, the Justice Department has requested funding to hire around 100 new immigration judges, potentially raising the total number on the bench to 800, the legally authorized cap. But according to union data, the number of active judges has actually fallen — dropping from about 700 to 600 after mass firings and retirements.
In a controversial and closely watched maneuver, the Pentagon is poised to help fill the gap. As many as 600 military lawyers (Judge Advocates General) are being tapped to serve as temporary immigration judges. The lawyers will come from active-duty services, the reserves, and the National Guard. Critics contend these JAG officers may lack sufficient training in immigration law and could undermine due process.
The recruitment drive for “deportation judges” has also intensified. The Justice Department has publicly posted ads seeking legal professionals to join as immigration judges, a title that remains official. According to reports, EOIR has eased its hiring rules to allow attorneys without prior immigration-court experience to serve in these temporary roles.
Meanwhile, lawmakers have voiced concern. Some Republican senators have questioned whether these changes — firings, recruitment of military lawyers, and relaxed qualifications — could compromise the integrity and long-term stability of the immigration court system. On March 28, a coalition of senators sent a letter to Attorney General Pam Bondi, criticizing the abrupt termination of 20 judges and warning that the administration’s plans may destabilize critical court functions.
The administration defends the strategy as part of a broader push to reduce the backlog and deliver on its crackdown and mass-deportation agenda. Still, experts say that without a substantial increase in experienced judges — and support staff — the court system may continue to struggle under mounting case loads.
Sources:
- The Guardian
- Federal News Network
- Air Force Times
- Roll Call
- Senator John Hickenlooper
- CIS.org
- bipartisanpolicy.org
- The Washington Post
- Axios
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