During a campaign rally on October 27, 2024, Donald Trump pledged to initiate the most extensive deportation program in U.S. history on his first day of a second presidential term. True to his word, he employed military forces alongside armed ICE agents, focusing predominantly on Democratic-leaning states.
Trump’s choice for Secretary of Homeland Security, Kristi Noem, displayed an eagerness for both deportations and media attention, a penchant that may have led to tension within the administration. Her costly $220 million promotional campaign reportedly did not sit well with key figures in the White House, leading to her dismissal. This shift signals a change in the administration’s rhetoric while the overarching objective of strict immigration enforcement remains unchanged, as evidenced by current proceedings in immigration courts.
Former immigration judge Ryan Wood, who served as the chief assistant immigration judge for the Midwest, comments on the prevailing atmosphere among immigration judges. “It is clear that the administration is prioritizing deportation numbers and maximizing detention rates,” he stated, highlighting a concerning trend toward enforcing stringent immigration policies.
Though Wood retired over a year ago, he observed troubling developments. “Judges unfamiliar with the new system are abruptly removed from their positions mid-judgment,” he noted, a scenario he described as unprecedented during his tenure.
Immigration Courts Operating under Justice Department Oversight
Immigration courts in the U.S. fall under the jurisdiction of the Department of Justice rather than the judiciary. Over the past 14 months, the Trump administration has dismissed, forced into retirement, or expelled more than 200 immigration judges.
Anum Petit, who was terminated last September, expressed disbelief at her firing. Leaving a lucrative position as a law partner to take what she saw as her dream job, Petit reported no prior negative feedback during her tenure as an immigration judge in Annandale, Virginia. “All evaluations during my probation were positive, and I was given no reason for my dismissal,” she said, speculating that her background in immigrant representation may have contributed to her firing.
Former immigration judge Jeremiah Johnson, who served in San Francisco, shared his unexpected termination experience from the last Trump administration. “I received an email notification at my computer declaring my dismissal. Within moments, I was locked out of the system and escorted from the building without a reason provided,” he recounted.
Adding to the unsettling climate within the judiciary, a job ad from the Department of Homeland Security last December hinted at the administration’s redefined role for immigration judges, inviting applicants to become “deportation judges” and offering sizeable salaries for such positions. Johnson expressed concern at the categorization, asserting, “We are not ‘deportation judges.’ We are immigration judges, tasked with upholding the law.”
A significant shift has seen the administration hire over 70 judges with enforcement backgrounds but minimal to no immigration law experience. Moreover, Secretary of Defense Pete Hegseth has taken on the role of temporary immigration judge, an initiative Wood criticized. “Immigration law is intricate—comparable only to tax law. Rapid turnover and inadequate training jeopardize fair judicial decisions,” he emphasized, raising alarms about the integrity of the legal process.
The Justice Department declined a request for an interview. However, the president previously articulated his stance aboard Air Force One, stating the government needs judges who can expedite the legal process for undocumented immigrants without comprehensive trials. The situation is compounded by over 60 immigration courts managing an estimated 3.5 million cases, while the number of judges has dwindled by roughly 100 to 125.
Challenges in Upholding Due Process
Johnson, currently serving as executive vice president of the National Association of Immigration Judges, criticized the tactics employed by government authorities. “The chaos is palpable both in the streets and in the courtrooms,” he lamented. Concerns regarding intimidation tactics, such as ICE agents arresting individuals outside courthouses, could represent a significant barrier to legal representation and due process.
Currently, approximately 60,000 individuals are in custody in the U.S., and more than 70% of them have no criminal background. An Associated Press report cites that 30,000 migrants have filed habeas corpus petitions challenging their detentions after being denied bail hearings. Wood emphasized the importance of adhering to existing legal frameworks: “If we intend to increase deportations, we must do so in accordance with the law, as established by Congress.” However, significant procedural shifts raise concerns about adherence to due process.
A year ago, asylum seekers were granted status 31% of the time; that figure plummeted to 5% by February of this year. Legal pathways for migrants appear increasingly restricted. “I am apprehensive that our current practices violate the principles of democracy,” Wood concluded, underscoring a need for legislative reform to ensure fair and just treatment for all individuals navigating the immigration system.
