To replenish their ranks, DOJ loosens requirements for temporary immigration judges

In a significant policy shift following the firing and departure of over 100 immigration judges, the Department of Justice announced Wednesday that temporary immigration judges will no longer need to have experience in immigration law.

The Executive Office for Immigration Review, a sub-agency of the Department of Justice, filed a rule in the federal register announcing that EOIR leadership, "with the approval of the Attorney General," can now select temporary immigration judges who don't have experience in immigration law to oversee cases.

"Immigration law experience is not always a strong predictor of success as an immigration judge and EOIR has hired individuals from other Federal agencies and Department components without prior immigration experience who have become successful and exemplary," the notice said.

Previously, temporary immigration judges had to be former appellate immigration judges, EOIR administrative law judges, or attorneys with more than 10 years of experience in immigration law.

The notice comes as more than 107 immigration judges have been fired, taken the Department of Government Efficiency's "Fork in the Road" resignation offer, or transferred out of immigration adjudication, according to the union representing immigration judges.

Immigrant advocates have condemned the firings, calling them politically motivated.

There is currently a backlog of more than 3.7 million immigration cases awaiting adjudication.