As part of its aggressive immigration policy, the Trump administration has moved fast to increase the rate of arrests of undocumented immigration, and scale up detention space and deportations. But the rapid pace of arrests has contributed to the millions of cases backlogged at the Department of Justice's Executive Office for Immigration Review, which houses immigration courts. At the same time, in the last nine months, EOIR has lost over 100 judges to firings and voluntary resignations, down from about 700 judges at the start of the year.
The new rule, which went into effect on Thursday, permits the director of the Executive Office of Immigration Review (EOIR), with the U.S. Attorney General's approval, "to designate or select any attorney to serve" as a temporary immigration judge (TIJ) for a renewable six-month term. The notice states that the DOJ "declines to adopt any limitations on the number of extensions of the six-month periods or otherwise cap the length of a temporary appointment." The EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.