A Startling Reduction in Judicial Ranks (Image Credits: Unsplash)
The U.S. immigration court system entered 2026 with significantly fewer judges, exacerbating longstanding challenges in handling a massive caseload.
A Startling Reduction in Judicial Ranks
The nation counted 726 permanent immigration judges across 75 courts on February 4, 2025, including 683 line judges and 43 assistant chiefs.[1][2]
By early February 2026, that figure fell to 553, with 520 permanent judges and 33 assistant chiefs – a net decrease of about 25 percent despite some new hires.[1]
Exactly 202 judges from early 2025 no longer held positions, victims of firings, resignations, and retirements.[2]
This sharp decline struck hardest at certain locations. Twelve courts lost more than half their judges, while 14 now operate with two or fewer.[1]
Firings and Departures Drive the Exodus
The Trump administration dismissed nearly 100 judges in 2025 alone, often targeting those perceived as lenient during the prior administration.[3][1]
Dismissals came abruptly for some, including tenured judges escorted from benches mid-hearing. “Being walked off a bench like you’re a criminal is just very shocking,” said fired judge Tania Nemer.[1]
Others resigned or retired amid discomfort with policies pressuring quicker deportations and restricting judicial discretion. Amiena Khan, a fired assistant chief judge, called the terminations “chilling and disrespectful.”[2]
Support staff suffered too, with over 400 legal assistants, attorney advisers, and specialists departing – 75 percent of attorney advisers and 54 percent of court supervisors gone.[1]
- San Francisco lost 16 judges, including 12 fired; its court closes soon, shifting 120,000 cases to overburdened Concord.[3]
- Aurora, Colorado, and Oakdale, Louisiana, now have zero permanent judges.
- Hartford, Connecticut, dropped to one judge handling over 40,000 cases.
- Five courts operate with a single judge each.
Backlogs Mount as Operations Strain
The system grapples with nearly 4 million pending cases, and the judge shortage has intensified delays.[1]
Remaining judges shoulder overwhelming loads – some over 1,000 cases apiece – leading to postponed hearings stretching into 2029.[4]
Courts run on skeleton crews, with clerks managing multiple locations amid chaos from in-court arrests.[1]
Morale plummeted as staff witnessed emotional scenes but maintained neutrality. One clerk recalled hearing screams during detentions.[1]
| Court Location | Judges Early 2025 | Judges Now |
|---|---|---|
| San Francisco, CA | ~21 | 5 |
| Hartford, CT | 5 | 1 |
| Aurora, CO | 2 | 0 |
Due Process Under Pressure
Fewer judges erode fairness, as rushed dockets limit thorough reviews. Arwen Swink, a former judge, warned that firings signal judges to apply law as interpreted by leadership, not conscience.[1]
Ana Partida retired citing lost independence: “The stress of having no resources… is a tremendous weight.”[2]
The Justice Department defended changes, stating it restores integrity after Biden-era policies and hires top talent for efficiency.[1]
Hiring Push Meets Skepticism
The department recruited 17 new permanent judges, mostly from ICE and DHS, plus 52 temporary ones from military ranks.[1]
Ads seek “deportation judges” to deliver justice swiftly. Quarterly classes aim to rebuild, but critics doubt replacements match experience amid politicization.[3]
This personnel crisis underscores tensions between enforcement goals and judicial fairness. As backlogs persist, the system’s ability to deliver timely justice hangs in balance.
- Judge count dropped 25% to 553, with 202 departures including nearly 100 firings.
- 12 courts lost over half their judges; two have none.
- Backlog nears 4 million cases, delaying hearings years.
What do you think about these changes to the immigration courts? Tell us in the comments.
