Ex-Immigration Judge Sues Trump Administration for Bias in Dismissal

A former immigration judge has initiated legal proceedings against the Trump administration, alleging wrongful termination. Tania Nemer claims her dismissal was influenced by bias regarding her gender, nationality, and political affiliation.

Details of the Lawsuit

On February 5, 2023, Nemer was removed from her position by the U.S. Department of Justice, shortly after President Trump began his second term. She argues that her termination was rooted in discrimination due to her status as a woman, her dual citizenship with Lebanon, and her political background as a former Democratic candidate.

Legal Foundations of the Case

Nemer’s lawsuit, filed in federal court in Washington, D.C., contends that her firing breaches Title VII of the Civil Rights Act of 1964. Additionally, she claims it violates her First Amendment rights concerning political engagement.

Dismissal of Prior Complaint

Previously, Nemer filed a discrimination complaint with the Justice Department’s Equal Employment Opportunity office. This complaint was dismissed in September 2023, with officials asserting the president’s authority under Article II of the Constitution allows for the removal of “inferior officers.”

Arguments Against the Dismissal

Nemer’s legal representatives, Nathaniel Zelinsky and James Eisenmann, argue that immigration judges should have protections under Title VII. They intend to seek judicial reinstatement for Nemer based on these claims. They firmly state, “The government cannot discriminate against its employees. Full stop.”

The Broader Context

Since January 2023, following Trump’s second inauguration, over 100 immigration judges have been dismissed from their roles—out of approximately 700 judges. The American Immigration Lawyers Association reports that this reduction in judges has negatively impacted the ability to manage the increasing number of immigration cases.

Response from the Justice Department

The Justice Department has opted not to comment on the ongoing lawsuit or the circumstances surrounding Nemer’s termination. This case highlights ongoing concerns about fairness in federal employment practices, particularly in the context of immigration law enforcement.