As Trump Purges Immigration Judges, One Speaks Out
Episode
35 min
Read time
2 min
Topics
Career Growth, Fundraising & VC, Leadership
AI-Generated Summary
Key Takeaways
- ✓Structural vulnerability: U.S. immigration courts operate entirely within the executive branch, not the judicial branch, meaning the attorney general can hire and fire judges at will. Unlike lifetime-appointed federal judges, immigration judges have no institutional independence. This design, established in the 1980s, makes the entire system legally susceptible to presidential policy pressure.
- ✓Asylum rate collapse: Asylum approval rates dropped from roughly 50% under Biden to below 10% under Trump's second term — the lowest figure in 20 years of available data. The shift reflects both direct firing of judges with higher grant rates and systemic pressure on remaining judges who fear termination for rulings perceived as favoring respondents over the government.
- ✓Targeted firing pattern: Data analysis of the 115 fired judges reveals a clear pattern: those terminated disproportionately had Democratic appointments, prior careers representing immigrants, and above-average asylum grant rates. The administration never publicly stated firing criteria, but a memo warned judges against tolerating bias "in favor of an alien," signaling the implicit standard for job retention.
- ✓Caseload flooding as deportation tool: The administration schedules up to 100 hearings per judge per day, a volume that makes thorough case review impossible. Judges working 14-hour days and weekends still cannot meet minimums. The practical effect is mass deportation orders against immigrants who miss hearings due to inadequate notice or lack legal representation, raising due process concerns.
- ✓Structural reform as the only durable fix: Judge Holly Deandre, president of the National Association of Immigration Judges, argues that removing immigration courts from Justice Department control and placing them in an independent judicial structure is the only sustainable solution. Legislation to accomplish this exists in Congress, but no president has incentive to voluntarily surrender this level of immigration enforcement power.
What It Covers
NYT reporter Nicholas Nehamas examines how the Trump administration has systematically transformed U.S. immigration courts into a deportation apparatus, firing 115 judges, pressuring remaining judges through job threats, and driving asylum grant rates to below 10% — the lowest recorded in two decades of available data.
Key Questions Answered
- •Structural vulnerability: U.S. immigration courts operate entirely within the executive branch, not the judicial branch, meaning the attorney general can hire and fire judges at will. Unlike lifetime-appointed federal judges, immigration judges have no institutional independence. This design, established in the 1980s, makes the entire system legally susceptible to presidential policy pressure.
- •Asylum rate collapse: Asylum approval rates dropped from roughly 50% under Biden to below 10% under Trump's second term — the lowest figure in 20 years of available data. The shift reflects both direct firing of judges with higher grant rates and systemic pressure on remaining judges who fear termination for rulings perceived as favoring respondents over the government.
- •Targeted firing pattern: Data analysis of the 115 fired judges reveals a clear pattern: those terminated disproportionately had Democratic appointments, prior careers representing immigrants, and above-average asylum grant rates. The administration never publicly stated firing criteria, but a memo warned judges against tolerating bias "in favor of an alien," signaling the implicit standard for job retention.
- •Caseload flooding as deportation tool: The administration schedules up to 100 hearings per judge per day, a volume that makes thorough case review impossible. Judges working 14-hour days and weekends still cannot meet minimums. The practical effect is mass deportation orders against immigrants who miss hearings due to inadequate notice or lack legal representation, raising due process concerns.
- •Structural reform as the only durable fix: Judge Holly Deandre, president of the National Association of Immigration Judges, argues that removing immigration courts from Justice Department control and placing them in an independent judicial structure is the only sustainable solution. Legislation to accomplish this exists in Congress, but no president has incentive to voluntarily surrender this level of immigration enforcement power.
Notable Moment
Judge Deandre describes colleagues being locked out of court computer systems mid-session and forced to inform attorneys and respondents in the courtroom that they could no longer complete a case — because they had just been notified they were no longer immigration judges.
Episode Transcript
This message is brought to you by Apple Card. Spring always feels like a reset. Clearing things out, simplifying what you don't need, Apple Card is built with that same idea in mind. No annual fee, no late fees, and no foreign transaction fees. No fees, period. Get started and apply in the Wallet app on your iPhone today, subject to credit approval. Variable APRs for Apple Card range from 17.49% to 27.74% based on creditworthiness. Rates as of 01/01/2026. Existing customers can view their variable APR in the Wallet app or at card.apple.com. Apple Card issued by Goldman Sachs Bank USA. Salt Lake City branch. Terms and more at applecard.com. From New York Times, I'm Michael Barbaro. This is The Daily. Throughout his second term, president Trump has been blocked over and over by federal courts, except that is for a little known court system that oversees immigration. Today, my colleague Nicholas Nehemas brings us the inside story of how the president has systematically pressured the judges in that system to carry out his agenda and speaks with one of those judges about the fallout. It's Tuesday, June 23. Nick, welcome to the show. Thanks for having me. Nick, talk for a moment about why in this moment you decided to spend so much time reporting on the judges of the United States immigration court system? Well, I think that when most Americans think about president Trump's immigration crackdown, They picture the shock and awe campaign that dominated the headlines for months. The images of federal agents being sent into US cities to do mass raids and arrest as many immigrants as possible. Right. Generated a huge amount of outrage, consumed the country for weeks. Exactly. But what we found is that while that was sucking up most of the attention, the administration was also engaged in a quieter, much more meticulous overhaul of a hugely consequential part of the immigration system, and that's the immigration court system. That's basically the process that decides an immigrant's fate and can order them removed from the country. Or decide to keep them in the country. Yes. Right. And our reporting shows that the Trump administration strategy for overhauling the immigration court system has been extremely effective, and it's essentially turned the courts and immigration judges in particular into their number one tool for achieving mass deportations. Well, just describe the immigration court system and how it works and how that maybe explains why the administration has been able to so fundamentally change it and turn it into an instrument of mass deportation. Yeah. So first off, it's really important to understand that immigration courts work completely differently than how we think about, say, criminal courts. If you cross the border illegally and you're detained, whether that's inside the country or at the border, you get a court date. And on that date, you have to show up to immigration court and make the case for why you should be allowed to …
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