DOJ removes immigration law experience requirement for temporary judges
In a surprising move aimed at tackling the overwhelming backlog of immigration cases, the Justice Department has implemented a rule change allowing attorneys without prior immigration law experience to serve as temporary immigration judges. This new rule, published in the federal register by the DOJ’s Office of Immigration Review, eliminates the requirement for temporary immigration judges to have substantive experience in immigration law.
Attorneys approved by Attorney General Pam Bondi can now act as immigration judges, marking a significant shift after over 100 judges were let go or offered buyouts by the Trump administration earlier in 2025. The Department of Justice hopes that by expanding the pool of individuals who can preside over immigration cases, the backlog of more than three million cases can finally be alleviated.
The DOJ’s decision to broaden the eligibility criteria for temporary immigration judges was outlined in the federal register, stating that previous experience in immigration law is not always a reliable indicator of success in the role. The rule also highlights that attorneys with experience in other areas of law or who have clerked for prominent courts should not be automatically disqualified from serving as immigration judges.
With the need for assistance in efficiently adjudicating immigration cases only increasing, the DOJ believes that updating the criteria for temporary immigration judges will result in a more qualified and diverse pool of candidates. The rule change aims to provide the “greatest degree of flexibility” in selecting highly qualified individuals to fill these roles.
Despite the recent dismissals of dozens of immigration judges, some of whom have filed appeals citing various reasons for their termination, the Justice Department remains focused on addressing the significant caseload in immigration courts. By granting the EOIR director, with the approval of the attorney general, the authority to designate temporary immigration judges, the DOJ aims to streamline the adjudication process and effectively manage immigration court matters.
The Associated Press contributed to this report.
Charles Creitz is a reporter for Fox News Digital, covering media, politics, and culture. He joined Fox News in 2013 and holds a B.A. in Broadcast Journalism from Temple University. Story tips can be sent to charles.creitz@fox.com.
