In a recent PBS NewsHour interview, former immigration judge Emmett Soper described what he sees as an unprecedented politicization of the U.S. immigration court system. Soper is one of nearly four dozen immigration judges dismissed by the Trump administration without explanation, many of whom previously worked in immigrant defense.
Soper said the firings are worsening an already record-high backlog of over three million cases, as thousands of pending cases must be reassigned each time a judge is removed. He warned that this reshuffling significantly delays hearings and decisions for immigrants awaiting due process.
The administration has begun assigning military judges to serve temporarily in immigration courts. Soper noted that immigration law is highly complex and typically takes years to master, raising concerns about how quickly new judges can adapt.
He also criticized a shift in the courts’ leadership, arguing that unlike previous administrations, current leadership no longer treats immigration courts as neutral arbiters but as tools for policy implementation.
At the end of his tenure, Soper witnessed ICE agents conducting arrests inside court facilities, detaining individuals — often without criminal records — immediately after their hearings, sometimes in front of family members. He described these arrests, which occurred in court lobbies, as “impossible to defend” on moral or ethical grounds.
Soper emphasized the broader consequences of the firings and enforcement tactics: growing delays, diminished judicial independence, and further strain on an already overwhelmed immigration system.