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Immigration court backlog could get worse as Trump administration fires judges

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Firing Immigration Judges Could Worsen Backlog in Houston and Nationwide

AP Photo/Evan Vucci

President Donald Trump holds up an executive order commuting sentences for people convicted of Jan. 6 offenses in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington.

Firing Immigration Judges: A Growing Concern

Firing immigration judges will likely have a significant impact on the already lengthy backlog of immigration cases, according to a Houston-area attorney. The Trump administration has recently fired two of five Texas immigration judges serving in Houston, leaving many wondering what this means for the already overwhelmed courts.

The Background

Noelle Sharp and Brandon Jaroch were appointed as immigration judges in 2021, according to a notice from the Executive Office for Immigration Review (EOIR). Sharp previously worked as an attorney and Director at the Tallahassee, Florida Catholic Charities Office of Refugee Resettlement Services in the late 2000s. Jaroch has held various government positions, including a federal public defender in 2019 and a U.S. attorney in 2015 for the district of Nevada.

The Impact on Courts

The EOIR declined to comment on personnel matters, but Charles Foster, Chairman of Foster LLP, a law firm with locations in Houston, Austin, and Dallas, believes that firing judges will likely worsen the backlog. "Common sense would tell you that if you have a significant backlog, having fewer judges will only increase that backlog," he said.

The Current State of the Immigration Court Backlog

The immigration court backlog has been increasing significantly over the years. According to the Congressional Research Service, the number of pending cases in courts has grown each year since 2006. As of fiscal year 2024, there were nearly 3.6 million pending cases.

The Impact on Houston

Foster noted that the firing of judges will not only affect the national level but also local courts, such as those in Houston. According to the Migration Policy Institute, Harris County is estimated to have an "unauthorized population" of 481,000 people. "We have more judges, because we have more cases, because we have more folks with immigration issues. Every locale in the country has backlogs, but none, perhaps, any greater than Houston. So it will obviously affect the courts here," he said.

Conclusion

The recent firing of immigration judges by the Trump administration has raised concerns about the impact on the already significant backlog of immigration cases. The courts are already overwhelmed, and the loss of judges will only exacerbate the problem. As the situation unfolds, it is clear that the consequences will be felt not only nationally but also locally, with cities like Houston being particularly affected.

Frequently Asked Questions

Q: Why were the judges fired?
A: The EOIR declined to comment on personnel matters, but it is speculated that the judges may have been fired for speaking out or writing articles, or appearing to be partisan.

Q: What is the current state of the immigration court backlog?
A: According to the Congressional Research Service, the number of pending cases in courts has grown each year since 2006, with nearly 3.6 million pending cases as of fiscal year 2024.

Q: What is the impact of firing judges on local courts?
A: Firing judges will likely worsen the backlog and impact courts on a local level, according to Charles Foster, Chairman of Foster LLP.

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