The U.S. Department of Justice (DOJ) has made a significant policy shift to address a mounting crisis in immigration court operations. The newly implemented rule allows attorneys without prior immigration law experience to serve as temporary immigration judges (TIJs), a decision intended to alleviate a backlog of over three million pending immigration cases. This change, which removes the prior requirement that TIJs have substantial immigration law experience, is part of a broader effort to manage staffing shortages and improve the efficiency of immigration court proceedings.
Under the new rule, the DOJ’s Office of Immigration Review (EOIR) stated that the decision follows a period of significant personnel turnover, including the dismissal of more than 100 judges under the Trump administration earlier in 2025. The updated policy allows for the designation of attorneys who have been approved by Attorney General Pam Bondi as temporary judges, a shift that reflects the DOJ’s commitment to finding new ways to address the crisis in immigration adjudication.
The rule, effective from the date of publication, permits the DOJ to designate individuals who have argued before prominent courts on nonimmigration matters or clerked for the Supreme Court as temporary immigration judges. The DOJ claims that this broadened approach is necessary to address the growing caseload of immigration cases, which have become increasingly complex and time-sensitive. The DOJ’s rationale includes the assertion that immigration law experience is not always a strong predictor of success as a TIJ.
Some of the dismissed immigration judges have claimed that their dismissal was based on prior decisions, gender discrimination, and, in one case, a courthouse tour given to Sen. Richard Durbin, D-Ill. However, the DOJ has emphasized that the rule change is primarily aimed at addressing the need for a more robust applicant pool to manage the immigration court’s substantial caseload. The rule was published in the federal register, and the DOJ has referred inquiries to a background section in the register that outlines the rationale for the change.
As the rule takes effect, legal experts and advocacy groups are closely monitoring the implications of this policy shift, particularly its potential impact on the fairness and efficiency of immigration adjudication. The DOJ has stated that the rule allows for the “greatest degree of flexibility” in finding highly qualified temporary immigration judge candidates, a position that underscores the urgency of resolving the backlog of pending immigration cases.