Former Immigration Judge Sues DOJ Alleging Political And Age Bias Firing
Former California immigration judge Kyra Lilien filed a 14-page lawsuit against the Justice Department and Acting Attorney General Todd Blanche, saying she was non-retained because of political and age bias. (Kyra Lilien)
The complaint says Lilien was appointed to the San Francisco Immigration Court on July 23, 2023, transferred to Concord in February 2024, and notified on July 11, 2025 that her term would not be converted. She alleges supervisors targeted her because she is a registered Democrat, a woman over 40, fluent in Spanish, and active in immigrant-rights and Hispanic community groups.
The episode traces back to a 2023 hiring surge when the Biden administration added more than 100 immigration judges, including Lilien, to reduce a massive case backlog. After Donald Trump won the 2024 election and took office in January 2025, the administration installed Sirce Owen as acting director of the Executive Office for Immigration Review. A February 28, 2025 memorandum from Owen described some immigrant-advocacy groups as "extremist leftist organizations" and criticized Biden-era hiring, according to the complaint.
Lilien's filing lists nearly 30 other immigration judges who were not converted or were dismissed and says most were women and many worked in San Francisco and Concord. The complaint frames Lilien's non-retention as part of a broader wave of dismissals that began in February 2025.
In 2025 nearly 100 immigration judges were fired, and by the end of the first quarter of fiscal 2026 the Executive Office for Immigration Review had 557 judges, down from 634 at the end of FY2025.
The lawsuit filed by Kyra Lilien highlights a troubling trend in the politicization of U.S. immigration courts, a phenomenon that has intensified since the Trump administration's 2018 quota policy for immigration judges. According to a study by Erin N. Blasingame published in the American Political Science Review, these performance metrics have increasingly aligned judicial decisions with executive enforcement priorities, raising concerns about the independence of judges and the integrity of the judicial process. The broader context of nearly 100 immigration judges being dismissed in 2025, as reported by NPR, underscores the systemic issues at play, particularly affecting women and judges in progressive jurisdictions like San Francisco and Concord.
As the Executive Office for Immigration Review has seen its staff numbers dwindle from 634 to 557 judges by the end of the first quarter of FY2026, the implications for asylum seekers are stark. With an average asylum denial rate of 80% in 2025, the erosion of judicial independence may further jeopardize the rights of individuals seeking refuge in the U.S. The decline in institutional trust, as noted by Henry E. Brady in Daedalus, suggests that actions like Lilien's dismissal could exacerbate public skepticism about the fairness and accountability of immigration courts, fueling a cycle of distrust in the system.
Show source details & analysis (1 source)
📊 Relevant Data
As of the end of the first quarter of FY2026, the Executive Office for Immigration Review had 557 immigration judges on staff, down nearly one-quarter from 634 at the end of FY2025. ([Congress.gov](https://www.congress.gov/crs-product/IN12664)) ([Congress.gov](https://www.congress.gov/crs-product/IN12664)) ([Congress.gov](https://www.congress.gov/crs-product/IN12664)) ([Congress.gov](https://www.congress.gov/crs-product/IN12664)) ([Congress.gov](https://www.congress.gov/crs-product/IN12664))
Executive Office for Immigration Review Immigration Judge Staffing and Workforce Attrition — Congress.gov
In 2025, the Trump administration fired nearly 100 immigration judges, contributing to the closure of courts like the one in San Francisco. ([NPR](https://www.npr.org/2026/01/10/nx-s1-5672386/the-trump-administration-fired-nearly-100-immigration-judges-in-2025-whats-next)) ([NPR](https://www.npr.org/2026/01/10/nx-s1-5672386/the-trump-administration-fired-nearly-100-immigration-judges-in-2025-whats-next)) ([NPR](https://www.npr.org/2026/01/10/nx-s1-5672386/the-trump-administration-fired-nearly-100-immigration-judges-in-2025-whats-next)) ([NPR](https://www.npr.org/2026/01/10/nx-s1-5672386/the-trump-administration-fired-nearly-100-immigration-judges-in-2025-whats-next)) ([NPR](https://www.npr.org/2026/01/10/nx-s1-5672386/the-trump-administration-fired-nearly-100-immigration-judges-in-2025-whats-next))
The Trump administration fired nearly 100 immigration judges in 2025. What's next? — NPR
The average asylum denial rate in US immigration courts was 80% in 2025. ([YouTube (based on official data)](https://www.youtube.com/shorts/ThBVqIGuZZU)) ([YouTube (based on official data)](https://www.youtube.com/shorts/ThBVqIGuZZU)) ([YouTube (based on official data)](https://www.youtube.com/shorts/ThBVqIGuZZU)) ([YouTube (based on official data)](https://www.youtube.com/shorts/ThBVqIGuZZU)) ([YouTube (based on official data)](https://www.youtube.com/shorts/ThBVqIGuZZU))
Asylum Denial Rate Reaches 80% in 2025 — YouTube (based on official data)
A February 28, 2025 memo from EOIR Acting Director Sirce Owen addressed perceptions that EOIR's hiring practices for Assistant Chief Immigration Judges were unfair and potentially unlawful, announcing a return to prior policies. ([Department of Justice](https://www.justice.gov/eoir/media/1391456/dl?inline=)) ([Department of Justice](https://www.justice.gov/eoir/media/1391456/dl?inline=)) ([Department of Justice](https://www.justice.gov/eoir/media/1391456/dl?inline=)) ([Department of Justice](https://www.justice.gov/eoir/media/1391456/dl?inline=)) ([Department of Justice](https://www.justice.gov/eoir/media/1391456/dl?inline=))
SIRCE OWEN - of EOIR — Department of Justice
📌 Key Facts
- Kyra Lilien filed a 14-page lawsuit against DOJ and Acting Attorney General Todd Blanche alleging discriminatory non‑retention as an immigration judge.
- Lilien was appointed July 23, 2023 to the San Francisco Immigration Court, transferred to Concord in February 2024, and notified on July 11, 2025 that her term would not be converted.
- The suit alleges she was targeted because she is a registered Democrat, a woman over 40, fluent in Spanish, and associated with immigrant-rights and Hispanic community groups.
- The complaint lists nearly 30 other immigration judges allegedly fired or not converted around the same period, asserting most were women and many were in San Francisco and Concord.
- Lilien alleges early 2025 memoranda by acting EOIR director Sirce Owen disparaged immigrant advocacy groups as “extremist leftist organizations” and criticized prior Biden-era hiring, evidencing bias.
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