Judges

DOJ Challenges Constitutionality of Job Protocols for Administrative Law Judges

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Washington, D.C. — In what marks a significant legal stance by the U.S. Department of Justice, job protections for administrative law judges have been deemed unconstitutional owing to the imposing of “multiple layers of removal restrictions.” This conclusion stems from a detailed examination by the DOJ, which argues that these protections impinge upon the presidential powers granted under the Constitution. The DOJ’s determination was disclosed through various channels including a press release dated Feb. 20, a letter to Senator Charles Grassley, a Republican from Iowa, and a legal filing on Feb. 11. The essence of … Read more

DOJ Declares Removal Protections for Administrative Judges Unconstitutional, Citing Supreme Court Precedent

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WASHINGTON — The U.S. Department of Justice (DOJ) has declared that it will no longer defend the constitutionality of current constraints on the removal of administrative law judges (ALJs). This decision, articulated in a letter by Acting Solicitor General Sarah Harris to Charles Grassley, President Pro Tempore of the Senate, is based on a Supreme Court ruling which the DOJ believes renders these restrictions unconstitutional. The determination by the DOJ stems from the Supreme Court’s decision in Free Enterprise Fund v. PCAOB, which addressed the limitations on presidential power over the removal of executive officers. … Read more

Major Shake-Up: 20 Immigration Judges Dismissed by Justice Department, Sources Say

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Washington, D.C. — The Justice Department has terminated 20 immigration judges, a move that raises questions about the handling and future of U.S. immigration courts. The dismissals come as the immigration system battles a backlog of hundreds of thousands of cases, potentially exacerbating judicial delays. The judges, who were part-time and on temporary assignments, were deemed "not necessary" due to "insufficient work," according to officials. This decision was made despite the backlog, which as of last count, included more than 1.5 million cases pending in immigration courts across the country. Legal experts and advocates are … Read more

Justice Department’s Recent Firings of Immigration Judges May Worsen Backlog Amid Soaring Caseloads

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WASHINGTON — A series of firings by the Department of Justice on Friday has introduced new complications into an already beleaguered immigration system. The terminations, signed off by the acting director of the Executive Office of Immigration Review (EOIR), impacted multiple immigration judges, intensifying concerns over the future handling of immigration cases under the current administration. This action appears to be part of a broader trend as the administration seeks to significantly overhaul the federal workforce. While the exact number of judges dismissed remains uncertain, reports suggest that the layoffs included a mix of judges, … Read more