Columbia Standard

U.S. Senate Democratic Whip Dick Durbin and U.S. Representative Jamie Raskin led 66 Democrats from both the House and Senate in sending a letter to Attorney General Pam Bondi criticizing the Executive Office for Immigration Review's (EOIR) decision to dismiss numerous immigration judges. This action comes at a time when immigration courts are grappling with a growing backlog of cases.

In February, EOIR suddenly terminated the positions of 20 immigration judges, dismissed all nine Board of Immigration Appeals (BIA) judges appointed during the Biden Administration, and released four senior EOIR leaders from their duties.

The lawmakers wrote, "We write with great concern regarding the Executive Office for Immigration Review’s (EOIR) decision to fire numerous immigration judges as the immigration courts face a staggering backlog of cases and a likely influx of new cases pursuant to President Trump’s mass-deportation agenda."

According to data provided exclusively to the committees, the removal of Assistant Chief Immigration Judges (ACIJ) has left about 25 percent of immigration courts without established leadership. "The fired ACIJs oversaw 18 of the 71 immigration courts and supervised 135 of approximately 700 immigration judges and over 400 staff members. They played key roles in ensuring immigration judges under their supervision adjudicated cases properly and efficiently. These changes will lessen the quality of immigration case decisions and the speed at which immigration cases are adjudicated," the lawmakers noted.

The letter from the lawmakers points out the added pressure on immigration courts to manage around 3.6 million cases, stating, "A recent analysis found that 700 additional immigration judges would be needed to clear the case backlog by FY2032."

The termination was without prior notice or provided justification. "EOIR terminated the ACIJs with no warning, and in at least one case, an ACIJ received the termination email during an asylum hearing and had to abruptly depart the hearing, leaving the status of the case unclear," the letter stated.

The lawmakers highlighted concerns with the reduction of EOIR's workforce and mentioned that reducing the BIA from 28 to 15 members could have serious repercussions. "Reducing the size of the BIA from 28 to 15 members will have practical repercussions on the Board’s caseload and quality of decisions.”

The letter, signed by numerous Democrats, concludes by requesting more information and stressing that it appears EOIR leadership might continue with more dismissals. "Despite the impact on adjudications and court efficiency, it appears EOIR leadership may continue to fire immigration judges."

The letter to Attorney General Bondi was also signed by Senators Cory Booker, Tammy Duckworth, John Hickenlooper, and others, along with Representatives Yassamin Ansari, Becca Balint, Sanford Bishop, and more.

A PDF copy of the letter is available for public viewing.