"They aren't part of the federal judiciary established by Article III of the Constitution such judges have life tenure, and even the Trump administration hasn't claimed it can fire them. Rather, immigration judges are essentially civil servant lawyers who work for the Department of Justice. They fall under the DOJ's Executive Office for Immigration Review (EOIR). Their job is to decide cases involving asylum, deportation, removal and detention under the Immigration and Nationality Act."
"Once immigration judges have completed a two-year probationary period, they are covered by the Civil Service Reform Act, which prohibits their dismissal for political reasons. This protection dates back to 1883, with the landmark Pendleton Civil Service Reform Act. Spoils system redux Before civil service reform, the president could fire all executive branch employees on the day he took office and replace them with patronage appointees. Known as the spoils system, this way of doing things was grossly inefficient and invited widespread corruption."
Immigration judges are DOJ attorneys within the Executive Office for Immigration Review, not Article III judges with life tenure. Their docket includes asylum, deportation, removal and detention under the Immigration and Nationality Act. After a two-year probationary period, immigration judges receive Civil Service Reform Act protections that bar political dismissal, a protection rooted in the 1883 Pendleton Act. Historically, the spoils system let presidents replace executive employees on inauguration day, prompting civil service reforms to prevent patronage and corruption. Since January, the EOIR has been firing judges across probationary and protected statuses and replacing them with military lawyers lacking immigration-law experience.
Read at www.mercurynews.com
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