San Francisco judge says firing came 48 hours after ICE challenge
Rule Changes San Francisco, CA localDOJ has removed more than 100 immigration judges since 2025; lawsuits test whether the president can fire them at will
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Overview
Updated 1 hour agoA 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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People Involved
Organizations Involved
EOIR is the Department of Justice agency that employs immigration judges and hears deportation and asylum cases.
The Department of Justice oversees EOIR and has taken the position that immigration judges are at-will employees who can be removed without cause.
The National Association of Immigration Judges represents immigration judges and has challenged the firings.
ICE agents have been arresting migrants after hearings at immigration courts, breaking longstanding norms.
Timeline
January 2025 September 2026
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SF judge says firing came 48 hours after ICE challenge
Today StatementA San Francisco judge claims she was fired 48 hours after challenging ICE's 'unlawful detention' of a migrant. Claim not independently verified.
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Kyra Lilien sues DOJ
LegalLilien files a federal lawsuit alleging discrimination based on gender, age, and political views.
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Ila Deiss fired via email
LegalDeiss, a 25-year federal employee, is removed with a three-sentence email.
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Kyra Lilien fired before tenure
LegalLilien is removed less than two weeks before receiving tenure, while presiding over a hearing.
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Arwen Swink becomes 13th SF judge fired
LegalSwink, who granted asylum at a 77.9% rate, is terminated by DOJ on a Friday.
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Five SF judges fired in one day
LegalThe largest single-day cut to the court in 2025, part of a wave of removals.
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DOJ begins firing immigration judges
PolicyThe Trump administration begins removing immigration judges nationwide, with San Francisco among the hardest hit.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
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.
The FTC commissioner kept his job.
Established that Congress can limit presidential removal power for certain positions.
The immigration judge cases raise the same question: can Congress protect these officials from at-will removal?
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.
Attorney General Alberto Gonzales resigned.
Congress passed a law requiring Senate confirmation of interim U.S. attorneys.
Shows how mass firings of federal officials can trigger legal and political battles over executive power.
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.
The firings drew bipartisan criticism.
Congress held hearings but did not restore the IGs.
Shows the pattern of removing officials who challenge the administration, and the limits of congressional response.
