Trump Relaxes Rules for Hiring Temporary Immigration Judges to Address Court Backlog

A US flag flies on the side of the Department of Justice headquarters building on September 15, 2024, in Washington, DC. J. David Ake/Getty Images

WASHINGTON, D.C. – The Department of Justice (DOJ) announced on August 29, 2025, that temporary immigration judges no longer require prior immigration law experience, a move aimed at addressing the growing backlog in U.S. immigration courts. The decision, part of the Trump administration’s broader immigration policy overhaul, seeks to expedite the hiring process to fill judicial vacancies and speed up case resolutions.

The Trump administration fired 20 immigration judges from the Department of Justice’s Executive Office for Immigration Review (EOIR) in February 2025, effective April 22, as part of efforts to reduce the federal workforce, sources familiar with the decision confirmed. The terminations, which included judges in Massachusetts, California, and Louisiana, have sparked widespread concern about worsening the immigration court system’s backlog of over 3.7 million cases and undermining due process for immigrants.

The firings come at a time when the immigration courts are already strained, with nearly 4 million pending cases, including 1.5 million asylum cases, reported in the last quarter of 2024. Each judge handles 500 to 600 cases annually, and the loss of 20 judges could add thousands of cases to the backlog, according to Matt Biggs, president of the International Federation of Professional and Technical Engineers union, which represents immigration judges. “This is pure hypocrisy. We shouldn’t be firing judges, we should be hiring them,” Biggs said.

Under the new rules, the DOJ will prioritize candidates with general legal or judicial experience, allowing a broader pool of applicants to serve as temporary immigration judges. These judges, appointed for limited terms, will handle cases involving deportation, asylum, and other immigration matters. The change has sparked concerns among immigration advocates, who argue that the lack of specialized experience could lead to inconsistent rulings and potential errors in complex cases.

The immigration court backlog has reached over 3 million cases, with wait times averaging several years. DOJ officials stated that the relaxed requirements will enable faster recruitment to alleviate delays, emphasizing that temporary judges will receive training to handle immigration cases. Critics, including legal organizations, warn that the move could compromise due process for immigrants, particularly those seeking asylum.

The policy shift follows President Trump’s executive actions to streamline immigration enforcement, including increased deportations and stricter border policies. The DOJ has not specified how many temporary judges will be hired under the new criteria or the duration of their appointments. The change is expected to take effect immediately, with recruitment efforts already underway.