Story perspectives

Former immigration judges sue DOJ over Trump firings

5/8/2026

Center

Immigration Judges Sue

Former immigration judges in Chicago, San Francisco sued DOJ in May 2026, alleging terminations for race, gender, political views or immigrant-rights work.
The Justice Department argues immigration judges are exempt from equal-employment-opportunity protections, allowing President Donald Trump to dismiss them without cause.
Attorney Kevin Owen, for Judge Carla Espinoza, says case challenges Article II use to bypass rights.
Legal experts say lawsuits could reach Supreme Court, questioning power to fire employees without tenure.

Left

Immigrants Under Siege

An AP-NORC poll shows about 60 % of U.S. adults say the country is no longer a great place for immigrants.
The Justice Department argues immigration judges lack federal EEOC protections, letting President Donald Trump dismiss them without cause.
Naturalized residents in an Illinois swim class now carry passports fearing immigration enforcement.
ICE deaths hit a 2025 record, with decedents lacking criminal histories, per the San Francisco Chronicle.

History

Historical Context

President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act in 1996, effective April 1 1997, expanding the Attorney General’s power to arrest, detain and order expedited removal of non-citizens and to appoint 1,200 immigration judges. The law also funded a second fence along 14 miles of the San Diego border. Today, the Trump-era Justice Department’s ability to remove judges echoes that original grant of executive authority.

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Immigration Judges Sue

Former immigration judges in Chicago, San Francisco sued DOJ in May 2026, alleging terminations for race, gender, political views or immigrant-rights work.
The Justice Department argues immigration judges are exempt from equal-employment-opportunity protections, allowing President Donald Trump to dismiss them without cause.
Attorney Kevin Owen, for Judge Carla Espinoza, says case challenges Article II use to bypass rights.
Legal experts say lawsuits could reach Supreme Court, questioning power to fire employees without tenure.

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