Immigration Judges Face Breaking Point Under Trump Deportation Drive 2026

The Trump administration's aggressive deportation campaign is pushing the nation's immigration judges to a breaking point. A former immigration judge, David Koelsch, recently described witnessing a tense standoff between federal agents and civilians in Minneapolis, an event that crystallized his decision to resign. Koelsch, who spent nearly eight years on the bench in Baltimore, said he felt betrayed by officers he believed had violated the same oath he once took. His story is just one of many as the administration purges over 113 judges and replaces them with military lawyers and political appointees.

The Purge of Immigration Judges

Since January 2025, the Trump administration has fired more than 113 immigration judges, pushed others out through buyouts and reassignments, and replaced them with military lawyers and political appointees. This effort is supported by Elon Musk's Department of Government Efficiency (Doge), which offered buyouts to federal employees seen as obstacles to the deportation agenda. The Guardian spoke with a dozen judges who were fired or accepted buyouts, and many warned that this purge goes beyond immigration policy.

“Judges were being fired left and right,” Koelsch said. “I knew my grant rate was higher than others. Maybe that would be a factor. So I took the buyout.” The administration is targeting judges who grant asylum at higher rates, signaling a shift toward political control over the courts. Some judges fear that if such pressure becomes normalized, it could reshape how justice is administered far beyond immigration cases.

What This Means for the Justice System

The removal of experienced judges and their replacement with political appointees raises serious concerns about the independence of the judiciary. Immigration courts are part of the Department of Justice, making them uniquely vulnerable to political influence. Experts warn that this trend could erode due process for asylum seekers and other immigrants. The American Bar Association has called for reforms to protect the impartiality of immigration judges.

Key Changes Under the Trump Administration

• Mass firings of over 113 immigration judges since January 2025.
• Buyouts and reassignments offered to judges seen as obstacles.
• Replacement with military lawyers and political appointees.
• Targeting judges with higher asylum grant rates.

Human Impact on Judges and Communities

Koelsch’s experience in Minneapolis highlights the emotional toll. He drove to Nicollet Avenue after learning of the shooting of Alex Pretti by federal agents. “I didn’t go there to protest. I didn’t bring a sign. I didn’t bring anything. I just went to stand and bear witness,” he said. What he saw shook him: about 50 to 75 ICE and CBP officers in full tactical gear, masked, armed with rifles and pistols, blocking off the street. Then the teargas came. “My chest started getting tight. I felt like throwing up.”

Koelsch had spent four years as a supervisory asylum officer at the Department of Homeland Security before his judicial tenure. He investigated individuals with alleged ties to terrorism and later presided over asylum cases. “I was proud to do my part in protecting the country. But then to see these officers out in the streets, basically harassing civilians, I just felt kind of sad,” he said. “It just really repulsed me because they and I took the same oath. And I didn’t think they were living up to it.”

Broader Implications for American Justice

Many current judges and several former judges requested anonymity for fear of retaliation. They described a climate of fear where speaking out could lead to termination. The purge is not just about immigration; it reflects a growing effort to exert political control over the courts, pressuring judges to align with enforcement goals. Some warned that if such pressure became normalized, it could reshape how justice is administered far beyond immigration.

According to the American Immigration Council, immigration courts already face a backlog of over 3 million cases. Removing experienced judges only worsens the crisis, leading to longer wait times and less fair hearings. The National Association of Immigration Judges has condemned the firings, calling them an attack on judicial independence.

FAQ

Why are immigration judges being fired?

The Trump administration is firing immigration judges as part of a broader effort to accelerate deportations. Judges who grant asylum at higher rates are being targeted, and many are being replaced with military lawyers and political appointees who are expected to align with enforcement goals.

How many immigration judges have been fired?

Since January 2025, the administration has fired more than 113 immigration judges. Others have been pushed out through buyouts and reassignments.

What does this mean for asylum seekers?

Asylum seekers may face less fair hearings with politically appointed judges. The removal of experienced judges and the pressure to deny more cases could lead to more deportations and a breakdown of due process in immigration courts.