Sessions, who as attorney general had the final say in hiring immigration judges, told Reuters that “the problem is not with the Trump judges. The problem was with some of the other judges that seemed to not be able to manage their dockets, or, in many cases, rendered rulings that were not consistent with the law.”
The backgrounds of the judges hired under Trump differed significantly from those named under past presidents. For example, 42% had no immigration experience – double the proportion hired previously. Judges hired under Trump were twice as likely to have military court experience, which Reuters found was linked to a higher rate of deportation orders.
EOIR spokeswoman Kathryn Mattingly declined to comment on Reuters’ findings about the Trump-appointed judges and did not respond to requests for comment on individual judges’ records. She said the agency “continually evaluates its processes and procedures to ensure that immigration cases are adjudicated fairly, impartially and expeditiously.”
Keller said McHenry at times did not follow the recommendations of hiring teams, and seemed to discount candidates with backgrounds in immigration advocacy. Another official involved in hiring, who declined to be named, shared this observation. Hiring wasn’t the only thing that changed under Trump. The immigration judges who led training in 2020 had, on average, much higher deportation rates than those in 2016, before Trump took office.
There is a law exam midway through to determine judges’ comprehension of the material. EOIR said the test is not scored. In-classroom training is followed by on-the-job training that includes a structured mentorship program, EOIR said. In a complaint filed with EOIR last year, a coalition of 17 law firms, community organizations and the San Francisco public defender representing dozens of clients singled out Judge Nicholas Ford, a former state criminal court judge hired in 2019. They said Ford “routinely discounts or minimizes reports of mistreatment or torture, and repeatedly misapplies the legal standards for asylum.”
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