UN experts voice concern over US immigration judge removals

The UN experts said the pattern of removals raises concerns that judges may have been targeted because of their perceived political affiliation, professional background or previous judicial decisions.

United Nations human rights experts have called on the United States to halt the mass removal of immigration judges, warning that the reported dismissals and increasing political influence over immigration courts could undermine judicial independence and weaken due process for people facing deportation.

According to information received by the experts, at least 135 judges have been removed since January 2025, including 113 immigration judges, 13 assistant chief immigration judges and nine appellate immigration judges. The experts said the reported dismissals took place without stated cause or individual explanations.

Concerns over judicial independence

The UN experts said the pattern of removals raises concerns that judges may have been targeted because of their perceived political affiliation, professional background or previous judicial decisions. Among the 78 immigration judges whose publicly available records were reviewed, 65 had asylum grant rates above the national average or above the average for their respective courts. The experts also noted that judges with experience representing immigrants or working in humanitarian advocacy appeared to be disproportionately affected.

According to the information received, more than half of the probationary judges appointed in April and July 2023 have been dismissed, while only one judge appointed by a Democratic administration reportedly remains on the Board of Immigration Appeals.

Fair hearings at risk

The experts warned that immigration judges handle cases involving life-changing decisions, including whether individuals could face persecution, torture or other serious harm if deported. They said judicial independence is essential to ensuring that migrants have a genuine opportunity to present their claims before an impartial tribunal. The experts expressed concern that growing political influence over the immigration court system could transform it from an independent judicial forum into a mechanism focused primarily on meeting deportation objectives.

They also pointed to reports that the US Department of Justice has issued more than 50 policy memoranda, some warning judges of possible disciplinary action over what officials describe as slow or biased case handling. The experts said such measures could create pressure that affects judicial decision-making.

Call to uphold international obligations

The experts also criticised the increasing use of large-scale "mega" master calendar hearings, where a single judge may oversee hundreds of immigration cases during one half-day session. They said this practice makes individual consideration of each case difficult and risks undermining procedural fairness.

The experts reminded the United States of its international obligations under the Convention against Torture, the International Covenant on Civil and Political Rights, and the 1951 Refugee Convention, through its 1967 Protocol, which prohibit returning people to countries where they face torture, persecution or other serious harm.

They stressed that efficiency should never come at the expense of due process and judicial independence, adding that individuals facing deportation must be able to present their cases before an independent and impartial body. The UN experts said they have formally communicated their concerns to the US Government.