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WASHINGTON — In a major policy shift, the U.S. Department of Justice (DOJ) announced Wednesday that temporary immigration judges will no longer be required to have prior experience in immigration law. The change follows the recent departure and dismissal of over 100 immigration judges, intensifying concerns over case backlogs and judicial capacity.
The new rule, filed by the Executive Office for Immigration Review (EOIR), grants DOJ leadership—under the approval of the Attorney General—authority to appoint any licensed attorney as a temporary immigration judge. Previously, candidates were required to have served as appellate immigration judges, EOIR administrative law judges, or attorneys with at least a decade of immigration law experience.
The DOJ stated that immigration law experience “is not always a strong predictor of success” and cited examples of effective adjudicators from other federal agencies. Critics, however, warn that the policy could undermine due process and judicial consistency, especially with more than 3.7 million cases pending nationwide.
The shift comes amid broader restructuring efforts and rising scrutiny over the integrity of the immigration court system.
Excerpts sourced from reporting by ABC News and Government Executive.