The Trump administration has introduced a controversial new rule that could significantly reshape the immigration court system. The Department of Justice (DOJ) announced this week that it will now allow attorneys without immigration law experience to serve as temporary immigration judges — a move officials say is intended to ease a historic backlog of immigration cases but which critics warn could compromise due process and heighten political influence.

Immigration courts in the United States are facing unprecedented pressure. According to the International Federation of Professional and Technical Engineers, which represents immigration judges, nearly 3.7 million immigration cases remain pending — a record-breaking backlog that has overwhelmed the system. The shortage of qualified judges has worsened under President Donald Trump’s administration, with nearly 100 immigration judges reportedly forced out or pressured into resignation since 2017.

With the bench now down to approximately 650 judges, hearings can take years to schedule. Immigration attorneys say some families wait half a decade or more to have their asylum or deportation cases heard. The DOJ argues that relaxing the qualifications for temporary immigration judges (TIJs) will help fill vacancies quickly and ensure “a sufficient number of well-trained and highly qualified judges” to reduce the backlog.

Before this rule, temporary immigration judges needed extensive legal experience in immigration law, or prior service as government judges or immigration attorneys. The new regulation eliminates that requirement. Instead, the DOJ can now appoint lawyers from a wide range of legal backgrounds, regardless of immigration law expertise, for six-month temporary positions.

“This rule will enable the Director, with the approval of the Attorney General, to staff the immigration courts with a sufficient number of well-trained and highly qualified judges to further reduce and ultimately eliminate the backlog of pending cases,” the Federal Register notice stated.

The rule is effective immediately, with the Justice Department stressing the urgency of filling positions as the caseload continues to soar.

Supporters of the change argue that the immigration court system can no longer afford to be selective given the unprecedented demand. They point out that many attorneys possess transferable skills that can be adapted to immigration law after training.

The DOJ has emphasized that temporary judges will still undergo weeks of preparation, ensuring they are competent to handle cases. The administration insists the measure is about efficiency, not politics, and portrays it as a pragmatic solution to decades-long systemic problems.

Immigrant rights advocates, however, see the change very differently. Critics argue that appointing judges without immigration law backgrounds risks undermining due process, especially in life-or-death asylum cases where legal details are critical.

“This is not about efficiency — it’s about control,” said Elizabeth Taufa, senior policy strategist and attorney at the Immigrant Legal Resource Center. “Due process in immigration court is dubious on a regular day, and this is not a regular day. What we’re seeing is a continued erosion of fairness, and potentially the seating of judges with clear political biases.”

Advocates also worry about the short-term nature of the appointments. Temporary judges typically serve six months, while full-time immigration judges undergo six weeks of intensive training before handling complex cases. Critics question whether the abbreviated training will prepare new judges to handle such high-stakes matters.

This rule fits into a broader Trump-era strategy aimed at speeding up deportations and tightening immigration enforcement. In past years, the administration has taken steps to reduce judicial discretion, impose case completion quotas, and encourage the dismissal of cases so immigrants can be arrested and placed in accelerated removal proceedings.

Trump has also signaled support for more unconventional solutions. In Florida, he endorsed Governor Ron DeSantis’ proposal to deploy members of the National Guard’s Judge Advocate General Corps (JAG) as immigration judges at the Everglades detention center, nicknamed “Alligator Alcatraz.”

As the immigration backlog continues to swell, the debate over how to resolve it has become a flashpoint in U.S. politics. Supporters of the new rule argue it is a creative solution to a broken system, while opponents say it prioritizes speed over justice and risks turning immigration courts into political tools.

With millions of cases still pending and growing public scrutiny over immigration policy, the impact of this rule will be closely watched in the months ahead. Whether it brings meaningful relief to the courts or deepens concerns about due process and fairness, one thing is clear: America’s immigration system is entering yet another contentious chapter.

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