Murphy, Schiff Introduce Bicameral Bill To Prevent Inexperienced Temporary Immigration Judge Appointments, Close Loopholes Exploited By Trump Administration

WASHINGTON-U.S. Senator Chris Murphy (D-Conn.) joined U.S. Senator Adam Schiff (D-Calif.) in introducing the Temporary Immigration Judge Integrity Act, legislation to prevent inexperienced temporary immigration judge appointments in light of the Trump administration's abuse of loopholes in current regulations. U.S. Representative Juan Vargas (D-Calif.-52) introduced companion legislation in the U.S. House of Representatives.

The bill is co-sponsored by U.S. Senators Dick Durbin (D-Ill.), Michael Bennet (D-Colo.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Mazie Hirono (D-Hawai'i), Mark Kelly (D-Ariz.), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Ron Wyden (D-Ore.).

Following the Trump administration's mass firing of immigration judges and decision to authorize up to 600 military lawyers to serve as temporary immigration judges, the bill aims to close the loopholes the administration has been utilizing to speed up their mass deportation agenda - such as the lack of due process protections for individuals in immigration court proceedings.

"By forcing a mass exodus of experienced immigration judges and replacing them with temporary judges who have no experience with immigration law, Trump has thrown our already broken system into more chaos," said Murphy. "Our bill codifies a basic principle: immigration law judges should know immigration law. President Trump doesn't get to exploit a crisis he created to sidestep the rule of law and push his anti-immigrant agenda."

"The Trump administration's willingness to fire experienced immigration judges and hire inexperienced or temporary "deportation judges," especially in places like California, has fundamentally impacted the landscape of our justice system. Given the administration's unlawful terminations of qualified judges, and their plan to leverage the power of temporary positions to speed up their mass deportation agenda, the risks of grave injury to families, fairness, and due process have expanded. The administration's unlawful mass firing of immigration judges at an alarming rate is their latest aggressive enforcement tactic that jeopardizes our judicial workforce. Amidst the growing number of pending cases in immigration courts, this legislation will ensure that only experienced and trained temporary immigration judges will have the privilege of adjudicating cases that have permanent consequences for millions of people," said Schiff.

"After purging over 100 permanent immigration judges from the DOJ, the Trump Administration is now looking to push attorneys with limited to no prior immigration law experience into these roles," said Vargas. "Anyone facing the life-altering consequences of deportation deserves to have their case heard in front of a judge who is trained and experienced in immigration law. We need guardrails now as the Trump Administration continues to attack our immigrant communities and due process rights."

The bill would:

1. Cap temporary immigration judge appointments at four consecutive six-month terms: 2-year maximum service limit with at least a 3-year break in between services;
2. Prevent military attorneys and Judge Advocate Generals (JAGs) from being appointed as temporary immigration judges;
3. Authorize appointments of attorneys at the Department of Justice (DOJ) who meet the eligibility requirements; and
4. Establish basic training requirements.

The bill is endorsed by the American Civil Liberties Union (ACLU), American Immigration Council (AIC), American Immigration Lawyers Association (AILA), Brennan Center for Justice, and the National Association of Immigration Judges (NAIJ).

"The Trump administration has exploited its ability to improperly influence immigration judges' decisions, further eroding the integrity of the immigration court system. This year alone, the administration has fired or pushed out more than a hundred permanent judges while simultaneously taking steps to hire hundreds of unqualified temporary judges. The American Immigration Council supports this bill because it would prevent future administrations from replacing permanent immigration judges with temporary appointees who lack immigration law experience and are vulnerable to political pressure. Noncitizens are entitled to fair and impartial hearings, and this bill is a critical step toward protecting the independence and credibility of immigration courts," said Adriel D. Orozco, Senior Policy Counsel, American Immigration Council (AIC).

"Everyone should have their fair day in court, but the Trump administration is firing massive numbers of judges and hiring in their place temporary judges who have barely a few weeks of training and no immigration law experience whatsoever. The administration's watered-down standards for temporary judges are undermining the fairness and integrity of America's courts. That is why AILA endorses this important bill led by Sen. Schiff to ensure every judge is qualified and well-trained before they make decisions that can change someone's life," said the American Immigration Lawyers Association (AILA).

"The bill is a common-sense approach that ensures temporary immigration judges have sufficient expertise and training to allow them to handle immigration cases. The Supreme Court has recognized immigration law as a complex legal specialty, and minimum requirements are needed to make sure immigrants' due process rights are respected," said Brennan Center for Justice.

"Strengthening appointment criteria to emphasize credentials, judicial temperament, and commitment to due process reinforces public trust that decisions are based on law and evidence-not politics. Further, implementing rigorous vetting, training, and performance evaluation standards, with safeguards against political influence, promotes judicial excellence and consistency across both permanent and temporary appointments," said the National Association of Immigration Judges (NAIJ).

Full text of the bill can be found here.