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San Francisco judge says firing came 48 hours after ICE challenge

San Francisco judge says firing came 48 hours after ICE challenge

Rule Changes San Francisco, CA local

DOJ has removed more than 100 immigration judges since 2025; lawsuits test whether the president can fire them at will

Yesterday: SF judge says firing came 48 hours after ICE challenge

Overview

Updated Yesterday

A San Francisco immigration judge says she was fired 48 hours after challenging ICE's detention of a migrant. "If you do something even small that they don't like, they're gonna fire you," she told Bay Area News.

She's one of more than 100 immigration judges the Department of Justice has removed since 2025. San Francisco's court started the year with 21 judges and will soon have four. Lawsuits now test whether the president can fire immigration judges at will.

Why it matters

If the firings stand, immigration judges lose independence and the 3.4 million-case backlog grows with fewer judges to hear it.

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Key Indicators

100+
Immigration judges fired since 2025
DOJ has removed more than 100 immigration judges nationwide.
21 → 4
SF immigration court judges
San Francisco court started 2025 with 21 judges, will soon have 4.
3.4M
National case backlog
Immigration courts face a record backlog of about 3.4 million cases.
94%
Asylum grant rate (fired judge Deiss)
Ila Deiss granted asylum in about 94% of cases over five years.

Voices

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People Involved

Organizations Involved

Timeline

January 2025 September 2026

7 events Latest: Yesterday
Tap a bar to jump to that date
  1. SF judge says firing came 48 hours after ICE challenge

    Latest Statement

    A San Francisco judge claims she was fired 48 hours after challenging ICE's 'unlawful detention' of a migrant. Claim not independently verified.

  2. DOJ begins firing immigration judges

    Policy

    The Trump administration begins removing immigration judges nationwide, with San Francisco among the hardest hit.

Scenarios

1

Supreme Court rules on immigration judge removals

Likely Resolves by Q2 2027

Discussed by: Jeremiah Johnson (NAIJ), legal experts

Johnson predicts the cases will reach the Supreme Court. The question: does the president have authority to fire immigration judges at will, or do federal employment statutes protect them? A ruling either way would settle the issue nationwide.

2

Courts reinstate fired judges

Possible Resolves by Jan 31, 2027

Discussed by: Kevin Owen (Lilien's attorney), legal experts

If federal courts rule that immigration judges have employment protections, some fired judges could be reinstated with back pay. Lilien's lawsuit and others like it would need to succeed.

3

Firings stand, courts remain decimated

Possible Resolves by Q2 2027

Discussed by: DOJ position, administration officials

If courts uphold the firings, immigration courts continue operating with far fewer judges. The backlog grows, and hearings get scheduled years out. San Francisco's court would have four judges instead of 21.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

May 1935

Humphrey's Executor v. United States (1935)

The Supreme Court ruled that the president could not remove a Federal Trade Commission commissioner except for cause, protecting independent agencies from at-will removal.

Then

The FTC commissioner kept his job.

Now

Established that Congress can limit presidential removal power for certain positions.

Why this matters now

The immigration judge cases raise the same question: can Congress protect these officials from at-will removal?

December 2006

2006 U.S. attorneys dismissal controversy

The Bush administration fired nine U.S. attorneys, allegedly for political reasons. The firings sparked a scandal and congressional investigations.

Then

Attorney General Alberto Gonzales resigned.

Now

Congress passed a law requiring Senate confirmation of interim U.S. attorneys.

Why this matters now

Shows how mass firings of federal officials can trigger legal and political battles over executive power.

April-May 2020

2020 inspectors general firings

President Trump fired or replaced several inspectors general, including State Department IG Steve Linick and Intelligence Community IG Michael Atkinson, after they investigated administration officials.

Then

The firings drew bipartisan criticism.

Now

Congress held hearings but did not restore the IGs.

Why this matters now

Shows the pattern of removing officials who challenge the administration, and the limits of congressional response.

Sources

(4)