Bennet, Schiff, Colleagues Introduce Bill to Prevent Inexperienced Temporary Immigration Judge Appointments, Close Loopholes Exploited by Trump Administration

Dec 3, 2025| Press Releases

Washington, D.C. - U.S. Senator Michael Bennet (D-Colo.) joined U.S. Senator Adam Schiff (D-Calif.) and 15 Senate colleagues to introduce the Temporary Immigration Judge Integrity Act, legislation to prevent inexperienced temporary immigration judge appointments in light of the Trump Administration's abuse of loopholes under current regulations. U.S. Representative Juan Vargas (D-Calif.) introduced companion legislation in the House.

"The Trump Administration's inhumane immigration policies are only made worse by its mass firing of immigration judges, creating an even greater backlog of immigration cases," said Bennet. "As families and community members languish in detention centers, our immigration courts are unable to efficiently enforce due process rights. This bill addresses this crisis created by the Administration and puts qualified judges back on the bench to ensure our courts fulfill their duty."

"The Trump Administration's willingness to fire experienced immigration judges and hire inexperienced or temporary "deportation judges," especially in places like California, has fundamentally impacted the landscape of our justice system," said Schiff. "Given the Administration's unlawful terminations of qualified judges, and their plan to leverage the power of temporary positions to speed up their mass deportation agenda, the risks of grave injury to families, fairness, and due process have expanded. The Administration's unlawful mass firing of immigration judges at an alarming rate is their latest aggressive enforcement tactic that jeopardizes our judicial workforce. Amidst the growing number of pending cases in immigration courts, this legislation will ensure that only experienced and trained temporary immigration judges will have the privilege of adjudicating cases that have permanent consequences for millions of people."

"After purging over 100 permanent immigration judges from the DOJ, the Trump Administration is now looking to push attorneys with limited to no prior immigration law experience into these roles," said Vargas. "Anyone facing the life-altering consequences of deportation deserves to have their case heard in front of a judge who is trained and experienced in immigration law. We need guardrails now as the Trump Administration continues to attack our immigrant communities and due process rights."

The lawmakers introduced this legislation following the Trump Administration's mass firing of immigration judges and authorization of up to 600 military lawyers to serve as temporary immigration judges. The bill aims to close the loopholes the Administration has utilized to accelerate mass deportations, such as the lack of due process protections for individuals in immigration court proceedings.

Specifically, the Temporary Immigration Judge Integrity Act would:

• Cap temporary immigration judge appointments at four consecutive six-month terms, establishing a 2-year maximum service limit with at least a 3-year break in between services;
• Prevent military attorneys and Judge Advocate Generals from being appointed as temporary immigration judges;
• Authorize appointments of attorneys at the Department of Justice (DOJ) who meet the eligibility requirements; and
• Establish basic training requirements.

The bill is endorsed by the American Civil Liberties Union, American Immigration Council (AIC), American Immigration Lawyers Association (AILA), Brennan Center for Justice, and the National Association of Immigration Judges (NAIJ).

"The Trump Administration has exploited its ability to improperly influence immigration judges' decisions, further eroding the integrity of the immigration court system. This year alone, the Administration has fired or pushed out more than a hundred permanent judges while simultaneously taking steps to hire hundreds of unqualified temporary judges. The American Immigration Council supports this bill because it would prevent future Administrations from replacing permanent immigration judges with temporary appointees who lack immigration law experience and are vulnerable to political pressure. Noncitizens are entitled to fair and impartial hearings, and this bill is a critical step toward protecting the independence and credibility of immigration courts," said Adriel D. Orozco, Senior Policy Counsel, AIC.

"The bill is a common-sense approach that ensures temporary immigration judges have sufficient expertise and training to allow them to handle immigration cases. The Supreme Court has recognized immigration law as a complex legal specialty, and minimum requirements are needed to make sure immigrants' due process rights are respected," said Brennan Center for Justice.

"Strengthening appointment criteria to emphasize credentials, judicial temperament, and commitment to due process reinforces public trust that decisions are based on law and evidence-not politics. Further, implementing rigorous vetting, training, and performance evaluation standards, with safeguards against political influence, promotes judicial excellence and consistency across both permanent and temporary appointments," said the NAIJ.

In addition to Bennet and Schiff, U.S. Senators Dick Durbin (D-Ill.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Mazie Hirono (D-Hawaii), Mark Kelly (D-Ariz.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Chris Murphy (D-Conn.), Patty Murray (D-Wash.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Ron Wyden (D-Ore.) cosponsored the legislation.

The text of the bill is available HERE.

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