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The Department of Justice (DOJ) has issued a significant final rule that will directly impact the U.S. immigration court system. Effective August 28, 2025, this new rule, titled “Designation of Temporary Immigration Judges,” grants the DOJ and the Executive Office for Immigration Review (EOIR) the authority to appoint a broader range of individuals to serve as Temporary Immigration Judges (TIJs).
This is a major departure from previous regulations and marks a pivotal moment for those with pending cases.
What Is the Final Rule?
Prior to this final rule, the pool of eligible candidates for temporary immigration judges was limited to former immigration judges, certain administrative law judges and attorneys from other federal agencies, and attorneys with at least 10 years of immigration law experience. The new rule significantly expands this pool.
Under the new policy, the Director of the EOIR, with approval from the Attorney General, can designate any attorney to serve as a Temporary Immigration Judge. These appointments are for six-month renewable terms. The stated purpose of this change is to more effectively address the immense immigration court backlog, which has reached millions of pending cases.
What Are the Implications for Your Case?
While the DOJ argues that this change is a necessary step to manage the overwhelming caseload, the policy raises significant concerns for due process and the integrity of the immigration court system.
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Experience vs. Expediency: The new rule removes the long-standing requirement for TIJs to have specific, long-term experience in immigration law. While the DOJ states that new appointees will receive training, the lack of a prerequisite for in-depth immigration knowledge and experience could potentially put the fairness and thoroughness of a case at risk.
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Case Outcomes: Temporary judges may face different pressures than permanent judges, particularly with the possibility of renewable terms. The focus may shift from a comprehensive review of a case to a more expedited adjudication, which could negatively impact individuals seeking relief or protection.
For anyone with an active immigration case, this change underscores the critical importance of having an experienced legal advocate by your side. An attorney who is familiar with the intricacies of immigration law and court procedures can help ensure that your case is properly presented, your rights are protected, and you are not disadvantaged by a rapidly changing judicial landscape.
How Cohen, Tucker + Ades Can Help
The DOJ’s final rule on Temporary Immigration Judges is a reminder that the immigration system is constantly evolving. Our team at Cohen, Tucker + Ades is committed to staying on top of these complex changes to provide our clients with the best possible legal counsel.
If you have a pending immigration case or are considering filing one, do not leave your future to chance. We can help you navigate the new court environment, prepare for your hearings, and advocate on your behalf to protect your rights. Contact us today for a consultation to discuss how this new rule may affect your case.
Sources:
Designation of Temporary Immigration Judges | Federal Register
Trump eases rules for hiring temporary immigration judges | NBC News
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March 22, 2021.
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