By American Bar Association
A recent wave of firings and other departures among U.S. immigration judges has raised questions about the integrity and resource capacity of the immigration court system.
That is what a panel of former immigration judges and experts said during a recent webinar sponsored by the American Bar Association Section of Civil Rights and Social Justice and the ABA Commission on Immigration. They offered insights and advice for navigating the current environment in a webinar on Feb.12 titled “Dismantling the Bench: Firings, Fear and the Future of Immigration Justice.”
The program featured former immigration judges Jeremiah Johnson, vice president of the National Association of Immigration Judges, and Kerry E. Doyle, partner, Green and Spiegel LLC.
Karen T. Grisez, former pro bono counsel at Fried Frank LLP and currently the American Immigration Lawyers Association representative in the ABA House of Delegates, also was a presenter. The session was moderated by Homero López Jr., a former member of the Board of Immigration Appeals who now serves as legal director of Immigration Services and Legal Advocacy and is also a member of the ABA Commission on Immigration’s Advisory Committee.
According to news reports, nearly 100 immigration judges were terminated in 2025, with some removals occurring abruptly. These removals have come at a time when the immigration court backlog is at historic highs, exceeding three million pending cases.
The ABA Commission on Immigration has tracked data from the Executive Office for Immigration Review’s website at different points in time and has observed noticeable declines. For example, data shows that in November 2024 there were 729 immigration judges (including assistant chief immigration judges), and on Feb. 13, 2026, there were 596 (including assistant chief immigration judges and 52 temporary judges). These numbers reflect not only firings but also resignations and retirements, as well as some new and temporary hires. (The ABA cannot independently confirm this information; however, it was generated from government sources and demonstrates a trend of significantly fewer immigration judges at a time of increased enforcement actions.)
The commission’s 2010 “Reforming the Immigration System: Proposals to Promote Independence, Fairness, Efficiency and Professionalism in the Adjudication of Removal Cases” report championed two critical reforms: full access to counsel for the indigent and vulnerable and the conversion of the administrative immigration court system housed in the Department of Justice to one that is independent of DOJ or any other department or agency — preferably in the form of an Article I court or alternatively an independent agency within the Executive Branch . The report was updated in 2019.
Recent firings of seasoned immigration judges, particularly those with significant experience adjudicating complex immigration cases, have made the situation more urgent, experts say. Panelists explored a variety of scenarios and discussed challenges and opportunities associated with addressing the issues.
The good news, Johnson said, is that the courts have been reliable under extreme pressures. “The federal courts so far have been mostly holding up,” as well as the district and circuit courts, he said. “So, immigration attorneys have been brushing up on their federal litigation skills. There’s amazing support for immigration attorneys who want to enter that space.”
Johnson stressed the importance of educating the public about the value of immigration courts and judges. “Immigration court is a kind of boring thing, but there are more articles and more awareness from the public now to understand what’s happening.”
He added, “Immigration attorneys have been fighting. It’s hard to say to keep at it, but that is where we’re going to need to go. There is going to be litigation. There’s amazing support out there.”
Doyle’s advice to immigration lawyers was to focus on making a record in their cases. “You have to say the words,” she said. “Object when something happens that you don’t like. That’s your job. You have to have a legal theory for your case. You have to know how your evidence fits into the picture of your case. You’re going to have to over-document your case.”
Grisez added: “Try as much as you can to make yourself available to do pro bono work, especially for detainees who aren’t going to have other representation. Figure out where you can give pro se assistance. Do what you can wherever you can because as long as you keep a person’s case alive there’s a chance for them to get more help on another day.”
Johnson concluded on a hopeful note. He said immigration attorneys can still make a difference. “There are opportunities, and even if it’s just one person, one family, that is a lot. Those are the reasons that we practice this area of law for those moments where we can make a meaningful impact on a person’s life.”
To view a recording of the webinar, visit www.americanbar.org/content/aba-cms-dotorg/en/groups/public_interest/immigration/events-and-cle/?login.
A recent wave of firings and other departures among U.S. immigration judges has raised questions about the integrity and resource capacity of the immigration court system.
That is what a panel of former immigration judges and experts said during a recent webinar sponsored by the American Bar Association Section of Civil Rights and Social Justice and the ABA Commission on Immigration. They offered insights and advice for navigating the current environment in a webinar on Feb.12 titled “Dismantling the Bench: Firings, Fear and the Future of Immigration Justice.”
The program featured former immigration judges Jeremiah Johnson, vice president of the National Association of Immigration Judges, and Kerry E. Doyle, partner, Green and Spiegel LLC.
Karen T. Grisez, former pro bono counsel at Fried Frank LLP and currently the American Immigration Lawyers Association representative in the ABA House of Delegates, also was a presenter. The session was moderated by Homero López Jr., a former member of the Board of Immigration Appeals who now serves as legal director of Immigration Services and Legal Advocacy and is also a member of the ABA Commission on Immigration’s Advisory Committee.
According to news reports, nearly 100 immigration judges were terminated in 2025, with some removals occurring abruptly. These removals have come at a time when the immigration court backlog is at historic highs, exceeding three million pending cases.
The ABA Commission on Immigration has tracked data from the Executive Office for Immigration Review’s website at different points in time and has observed noticeable declines. For example, data shows that in November 2024 there were 729 immigration judges (including assistant chief immigration judges), and on Feb. 13, 2026, there were 596 (including assistant chief immigration judges and 52 temporary judges). These numbers reflect not only firings but also resignations and retirements, as well as some new and temporary hires. (The ABA cannot independently confirm this information; however, it was generated from government sources and demonstrates a trend of significantly fewer immigration judges at a time of increased enforcement actions.)
The commission’s 2010 “Reforming the Immigration System: Proposals to Promote Independence, Fairness, Efficiency and Professionalism in the Adjudication of Removal Cases” report championed two critical reforms: full access to counsel for the indigent and vulnerable and the conversion of the administrative immigration court system housed in the Department of Justice to one that is independent of DOJ or any other department or agency — preferably in the form of an Article I court or alternatively an independent agency within the Executive Branch . The report was updated in 2019.
Recent firings of seasoned immigration judges, particularly those with significant experience adjudicating complex immigration cases, have made the situation more urgent, experts say. Panelists explored a variety of scenarios and discussed challenges and opportunities associated with addressing the issues.
The good news, Johnson said, is that the courts have been reliable under extreme pressures. “The federal courts so far have been mostly holding up,” as well as the district and circuit courts, he said. “So, immigration attorneys have been brushing up on their federal litigation skills. There’s amazing support for immigration attorneys who want to enter that space.”
Johnson stressed the importance of educating the public about the value of immigration courts and judges. “Immigration court is a kind of boring thing, but there are more articles and more awareness from the public now to understand what’s happening.”
He added, “Immigration attorneys have been fighting. It’s hard to say to keep at it, but that is where we’re going to need to go. There is going to be litigation. There’s amazing support out there.”
Doyle’s advice to immigration lawyers was to focus on making a record in their cases. “You have to say the words,” she said. “Object when something happens that you don’t like. That’s your job. You have to have a legal theory for your case. You have to know how your evidence fits into the picture of your case. You’re going to have to over-document your case.”
Grisez added: “Try as much as you can to make yourself available to do pro bono work, especially for detainees who aren’t going to have other representation. Figure out where you can give pro se assistance. Do what you can wherever you can because as long as you keep a person’s case alive there’s a chance for them to get more help on another day.”
Johnson concluded on a hopeful note. He said immigration attorneys can still make a difference. “There are opportunities, and even if it’s just one person, one family, that is a lot. Those are the reasons that we practice this area of law for those moments where we can make a meaningful impact on a person’s life.”
To view a recording of the webinar, visit www.americanbar.org/content/aba-cms-dotorg/en/groups/public_interest/immigration/events-and-cle/?login.
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