National Courts Monitor

Despite Backlog, Trump Administration Fires Immigration Judges

Updated: April 25, 2025

Despite a backlog of some 3.7 million cases and years-long wait for a day in court, the Trump Administration continues to fire immigration judges, the Los Angeles Times reports.

The Times cites a widely cited Syracuse University database for the backlog number and notes that the union representing immigration judges says that Trump’s ” … Executive Office for Immigration Review, which runs the immigration court system, fired at least two dozen more immigration judges and supervising judges in February, including five from California courts.”

The report also quotes Matt Biggs, president of the International Federation of Professional and Technical Engineers, the union representing the nation’s 700 immigration judges, saying that the firings “make no sense” and ” … when you do the simple math, each judge does 500 to 700 cases a year. Most of them are deportation cases. So what he’s effectively done is he’s increased the already huge backlog that the immigration courts face.”

Part of the challenge for judges is that they are not actual federal court judges. The do not have judicial independence and are Department of Justice employees who can be overruled by the U.S. Attorney General. Immigration cases are classified as civil matters, thus those detained or facing deportation do not have the right to attorney or other safeguards of criminal matters.

Lines in front of a Chicago immigration court.
Photo credit:Charles Rex Arbogast / Associated Press, as reported by the *Los Angeles Times* on 4/23/25.

Maine v. Trump Over Transgender Sports Issue

by NCM Staff

Posted: April 25, 2025

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The DC-based Politico is keeping tabs on the high-profile court case pitting Maine, our 42nd most-populated state with about 1.5 million citizens, against President Trump and the U.S. government. In a recent update, Politico noted that Gov. Mills has lived up to her promise during a February governors’ meeting with the president.

“See you in court,” the governor said.

Attorney General Pam Bondi accompanied by Riley Gaines (left), Rep. Laurel Libby (second from right) and Education Secretary Linda McMahon (right). Photo credit: Jose Luis Magana/Associated Press, as reported by Josh Gerstein in Politico on 4/16/25.

“Indeed,” reports Politico. “Maine beat the Trump administration to the courthouse, suing last week [suit filed on 4/7/25] over the federal government’s effort to terminate school lunch funding due to the transgender sports policies. On Friday, April 11, U.S. District Judge John Woodcock, a George W. Bush appointee, ordered the Agriculture Department to restore the funding, concluding that federal officials appeared to have violated their own policies in directing the cut-off.

Columbia Grad Khalil Faces Slow System

by NCM Staff

Updated: April 25, 2025

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There are many First Amendment and other debates around a recent immigration judge ruling that Columbia University grad student Mahmoud Khalil can be deported, but the case clearly illustrates how our civil justice system can take years to reach a decision.

A good CNN report that “… the legal battle against his detention and deportation is far from over” explains the Louisiana judge’s finding: A “removability finding” in immigration court means the judge has determined the individual is subject to removal from the United States due to a violation of immigration law or lack of legal immigration status. Khalil’s attorneys said they will appeal.

“The timeline depends entirely on whether he remains detained. If yes, it could be 1-2 years until a circuit court weighs in. If released, it could be 5-7 years,” the attorney wrote.

The CNN report is one of the better look-aheads about the case. Find it here.

Image from CNN report, 3/11/25. Mahmoud Khalil, center, surrounded by members of the media outside the Columbia University campus in 2024. Khalil was a member of the Columbia University Apartheid Divest group, which urged the university to divest from Israel.
Mary Altaffer/AP

American Bar Association Urges Independence for Immigration Court

by NCM Staff

Posted: April 15, 2025

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The American Bar Association has consistently urged federal action to create an independent immigration court.
It remains one of the least understood aspects of immigration law. The “judges” are actually Department of Justice workers. We can imagine the surprise for would-be citizens to discover that the same agency prosecuting them hires and controls the judges deciding their case.

On February 3^rd, Representatives Zoe Lofgren (D-CA) and sponsor of the bill pictured left, along with Jerrold Nadler (D-NY) and Hank Johnson (D-GA), introduced H.R. 6577 – the Real Courts, Rule of Law Act – which would create an independent Article I immigration court.

The ABA explains it thus: “The immigration courts are currently housed within the Department of Justice (DOJ). Immigration judges serve as career DOJ attorneys with no fixed term of office and are subject to the discretionary removal and transfer authority of the Attorney General. They have no statutory protection against removal without cause or reassignment to less desirable venues or dockets. In addition, under the current certification process, the Attorney General can refer cases to him or herself for consideration, essentially acting as chief judge.

This lack of independence in the current structure undermines the integrity of the court system and adversely impacts due process for noncitizens in removal adjudications. Since 2006, the ABA has supported restructuring the courts, so they are not controlled by any executive branch cabinet officer. In 2010, the ABA adopted a policy specifically recommending the creation of an independent Article I immigration court.”The Trump administration recently dismissed some of the DOJ judges. There is talk of a stronger role for union representation. But the immigration backlog remains in the millions of cases and getting your day in court can take years. The ABA makes its case here.

NCM Publisher Sets The Record Straight

by NCM Staff

Updated: April 15, 2025

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Not to be missed: Sara Corcoran, the NCM founding publisher and frequent contributor to news websites like CityWatchLA and Daily Kos, begins 2024 by clearing the air on some rumors, reports and even misleading allegations.

In a CityWatchLA post headlined “I’m Just A Journalist,” she addresses her ties to China, the death of her CIA-employed husband and other issues. She also shows an intricate knowledge of U.S. defamation laws. The CW/LA piece is complete with an AI image of Sara’s time in China.