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The Brief

The most important stories for you to know today
  • DOJ firing judges who defended immigrants in past

    Topline:

    An analysis of each of the 70 immigration judges' professional backgrounds found that judges with backgrounds defending immigrants, and no prior work history at DHS, made up about 44% of the firings — more than double the share of those who had only prior work history at DHS.

    Still on the bench: NPR also analyzed the classes of judges onboarded between February 2023 and November 2024, who would have neared the ends of their probationary periods this year or are still in the probationary period. Of those judges, those who had prior DHS experience, including working as asylum officers and as attorneys for Immigration and Customs Enforcement, or ICE, made up the largest share still on the bench.

    Response to reports: A DOJ spokesperson disputed the 70 count, saying the agency has terminated fewer than 55 judges, but was unable to provide more details. The agency's number is inconsistent with other news reports, NPR's prior reporting and the union. NPR reached out to reconcile the numbers. The DOJ spokesperson said staff have been furloughed and the Justice Department is not able to confirm their data.

    Read on... how employees are searching for reasons.

    For three immigration judges, the day took a similar turn.

    Kyra Lilien, who was hired in 2023, was presiding in a courtroom in Concord, Calif., in July when she paused the hearing of an immigrant seeking asylum to read an email.

    "I told them that we were not going to have a hearing because I had just been fired," Lilien said. Present in the court was a court interpreter and an attorney for the Department of Homeland Security. "They asked me if I was joking."

    Anam Petit, who was hired as an immigration judge in 2023 after a career in immigrant defense, was sitting on the bench in her courtroom in Virginia's Annandale Immigration Court in September. It was her two-year anniversary in the position and she was between hearings when she got the email.

    "My voice was shaking. My hands were shaking. My mind was racing. And I gave the decision and I dismissed everyone without mentioning anything," Petit said. One decision that day was to deny asylum, and the other was a partial denial, each for a different member of one immigrant family, she recalled.

    Tania Nemer was hired as a judge at the Cleveland immigration court in 2023. She had about 30 or 40 immigrants, a DHS attorney and staff in her court one morning in February. She had just finished explaining rights and responsibilities to the group when her door opened and her manager asked her to come with him. She was later escorted out of the building.

    "I didn't know at all why I was being fired at the time. And I kept asking; no one had a reason," Nemer said.

    Nemer was one of the first immigration judges fired by the Trump administration after a slew of dismissals of leaders at the Executive Office for Immigration Review (EOIR), the branch of the Justice Department that houses immigration courts. Later that month, the administration fired 12 judges — an entire incoming class that had just been trained and was about to take the bench.

    Those dismissals come as the administration has ramped up mass deportations of those without legal status, and sometimes pointed to judges as obstacles in that effort.

    The pattern has been consistent. Every few months this year, a new class of judges gets termination notices in the middle of the day, often while they are in the middle of immigration court proceedings. The notices often target those who have reached the end of their two-year probationary period, a trial period for federal workers before they are "converted" to permanent employees. It was previously common for these civil servants to be converted to permanent employees of the DOJ.

    "None of us have been given an explanation, we are in the dark, but we've been trying to ascertain patterns," Lilien said, the former judge in northern California. She wonders if her past experience representing immigrants got her fired, even though she also worked at DHS as an asylum officer.

    Her hunch has some correlation with the data. NPR has independently identified 70 immigration judges who received termination notices from the Trump administration between February and October. The number of judges who received termination letters matches the tally kept by the immigration judges' union. It also accords with NPR's past coverage of the terminations.

    The count does not include assistant chief immigration judges (ACIJ), who are courthouse supervisors and also have their own dockets. The union has counted 11 ACIJs terminated.

    An analysis of each of the 70 immigration judges' professional backgrounds found that judges with backgrounds defending immigrants, and no prior work history at DHS, made up about 44% of the firings — more than double the share of those who had only prior work history at DHS.

    NPR also analyzed the classes of judges onboarded between February 2023 and November 2024, who would have neared the ends of their probationary periods this year or are still in the probationary period. Of those judges, those who had prior DHS experience, including working as asylum officers and as attorneys for Immigration and Customs Enforcement, or ICE, made up the largest share still on the bench.

    Loading...

    NPR reached out to the DOJ, EOIR and the White House for a comment on the firings and NPR's findings. The press staff at EOIR is furloughed due to the ongoing federal government shutdown, according to automatic email replies, though immigration courts are still operational. The White House referred questions to the DOJ.

    "DOJ doesn't 'target' or 'prioritize' immigration judges for any personnel decision one way or the other based on prior experience," a DOJ spokesperson told NPR in a statement. "DOJ continually evaluates all immigration judges, regardless of background, on factors such as conduct, impartiality/bias, adherence to the law, productivity/performance, and professionalism."

    The spokesperson added that, "pursuant to Article II of the Constitution, IJs (Immigration Judges) are inferior officers who are appointed and removed by the Attorney General."

    The spokesperson disputed the 70 count, saying the agency has terminated fewer than 55 judges, but was unable to provide more details. The agency's number is inconsistent with other news reports, NPR's prior reporting and the union. NPR reached out to reconcile the numbers. The DOJ spokesperson said staff have been furloughed and the Justice Department is not able to confirm their data.

    Stacks of folders and documents sit on a wooden desk in an office.
    Folders containing documents related to immigration cases are piled on a table in the office of Stephen Born, Esq. on July 31, 2025 in Everett, Mass.
    (
    Meredith Nierman
    /
    NPR
    )

    Employees search for reasons

    Fired judges have been grasping at straws to understand why they were fired — some have filed Freedom of Information Act requests. Others have turned to wrongful termination complaints and lawsuits. Some worry they were targeted on the basis of protected classes, such as gender or race.

    "I fit the bill," said Nemer, who had represented immigrants prior to becoming an immigration judge. Nemer listed off characteristics cited in a lawsuit she has filed, arguing she was fired based on various protected classes.

    "It's hard to know without having the explanations of why judges were fired," said Kathleen Bush-Joseph, policy analyst at the Migration Policy Institute, a nonpartisan organization that focuses on immigration policy. "But the way the Trump administration is approaching immigration courts reflects a really high prioritization of immigration enforcement and [the administration] has really made deportations this whole-of-government effort."

    Immigration judges approve or deny a final order of deportation. Court officials have placed pressure on judges to move through their dockets faster, including by reviewing asylum cases without hearings.

    Each fired judge can leave behind thousands of cases, according to several interviews with fired judges throughout the year. Each case is an immigrant who has likely already waited years for their day in court, to make the case for why they should be allowed to stay in the U.S.

    Many of these cases have now been reassigned to other judges, at the bottom of their already years-long dockets. Immigrants whose cases were already in progress, or set to be reviewed soon, now have new dates as far out as 2029.

    There were 700 immigration judges at the start of the year. Over the past 10 months, EOIR has lost more than 125 judges to firings and voluntary resignations. Earlier this year, Republicans in Congress approved a spending bill that allocated over $3 billion to the Justice Department for immigration-related activities, including the hiring of more immigration judges, to address the backlog of millions of cases at immigration court.

    Four federal agents stand in a hallway. Three are wearing masks, and the fourth is behind one.
    Federal agents patrol the halls of immigration court at the Jacob K. Javitz Federal Building in June 2025 in New York City.
    (
    Spencer Platt
    /
    Getty Images
    )

    Fear of retribution

    Probationary judges aren't the only ones who have been fired under the Trump administration. NPR tracked 12 fired judges who started prior to 2023. This means they were fired after their two-year probationary period.

    Some have been left wondering if their firings were retribution for the decisions they made on the bench.

    Shira Levine had worked for EOIR since 2021 before being fired in September. She was presiding over a hearing for an immigrant who had already waited more than five years for a day in court when she got the email.

    "People looked surprised, but no one looked shocked," Levine said. "That's because, unfortunately, this by that point had become a pattern." She said she didn't expect to be removed since she had passed her two-year mark. She was never given a reason.

    Levine, like several others, received a standard email that they were being terminated pursuant to Article 2 of the Constitution, which gives the executive the power to dismiss federal employees.

    Levine thought she might have been dismissed because of her response to some recent Trump administration policies.

    During the summer months, immigration judges had already had to contend with an outsized enforcement presence in normally empty courtroom hallways. ICE attorneys — who argue on behalf of a government that an immigrant should be deported — started more regularly filing "motions to dismiss" cases. When a judge granted such a motion, migrants would be detained before leaving the building.

    Levine said such motions should be granted if there is a change in the individual migrant's case, not a change in immigration policy.

    "I was not told it was because of my decision to deny the motion to dismiss that I was fired," Levine said. "But I handed down a decision that contravened what they apparently wanted the judges to do."

    Others, like Ila Deiss or Emmett Soper, who had been immigration judges since 2017 and 2016, served as career officials at the DOJ for nearly two decades.

    Soper had been with EOIR since graduating law school in a variety of other roles. He doesn't know if his firing had anything to do with past policy work under the Biden administration's EOIR director or his handling of cases as a judge.

    As the Trump administration brings in new people to the bench, he has concerns over the loss of experienced judges.

    "You have to be able to manage your courtroom and you have to make very difficult, sometimes life-or-death decisions, with the person whose life is going to be affected and the family members sometimes right in front of you," Soper said.

    "It's not something that you pick up right away. And with all of these judges — many of whom are very experienced — being fired, the agency is losing something that will take a long time to get back, if they ever can."

    People stand in line behind a gated fence alongside a building, which has a bald eagle statute above the entrance and signage that reads "United States Appraisers Building." There are handmade cardboard signs with text that reads "Unionized workers strike against ICE," "Solidarity" with a fist on fire, and "General strike. Huegla General" with a fist on fire.
    People wait outside an immigration court and ICE field office on Oct. 24, 2025, in San Francisco.
    (
    Minh Connors
    /
    AP
    )

    Prior political interference

    The agency is prioritizing other judges to hire.

    The Trump administration has moved to bring back immigration judges it sees as unfairly fired by the Biden administration. The Justice Department, in a February memo, said that it cannot be confident the Biden administration was ethical and lawful in how it dismissed immigration judges and other adjudicators.

    A handful of judges in 2022 had not been converted to permanent employment, sparking GOP outrage over what lawmakers saw as political interference.

    Earlier this year, Matthew O'Brien and David White, two of those judges let go under President Joe Biden, were reinstated at immigration courts in Virginia. O'Brien was brought back to a managerial position, as NPR previously reported — though he is no longer with EOIR. White is a judge at the Falls Church court.

    The Justice Department appointed a new director of EOIR, Daren Margolin, in October. Margolin has previous experience as the assistant chief immigration judge, or courthouse supervisor, throughout multiple courts in California, and a background as a military and DHS lawyer. He had been fired from a command position at a Marine base for negligently firing a gun and had left EOIR in 2024 before returning to lead the agency.

    Then the DOJ last month announced its first class of 2025, which included 25 temporary judges who are military lawyers.

    "EOIR is restoring its integrity as a preeminent administrative adjudicatory agency," the announcement states. "These new immigration judges are joining an immigration judge corps that is committed to upholding the rule of law."

    The incoming class of permanent judges comprises mostly those with a background in federal government work, including EOIR itself and the Department of Homeland Security. Their previous jobs included training Immigration and Customs Enforcement and Customs and Border Protection agents, serving as asylum officers and working for ICE's legal arm.

    One judge was originally going to take the bench at the start of the year, but was among the initial class of judges fired before they could start. None of the incoming judges appear to have previously worked in the field of immigrant defense based on EOIR's announcement.

    Immigration judges' backgrounds vary over time

    In recent years, immigration judges' backgrounds have varied. Many came to the position after several years working for ICE's legal branch. Others became judges after working for immigrant defense nonprofits or in private practice. Some have no immigration law experience, which was previously a requirement for temporary judges but not for permanent ones.

    When immigration courts were first established, it was more common for immigration judges to have an enforcement background, said Dana Leigh Marks, a former immigration judge and immigration attorney who litigated landmark immigration cases before the Supreme Court.

    Marks joined the court in 1987, when courts were still under the former Immigration and Naturalization Service branch of the DOJ.

    "Frankly, I was one of the individuals who was hired to show that it wasn't just a career path of prosecution that led you to be eligible to be an immigration judge," Marks said.

    That push for professional diversification carried through the Biden administration. That administration selected as immigration judges not just immigration attorneys, but also criminal defense attorneys, other administrative judges across the federal government, and those with military experience, as it sought to diversify the perspectives of those interpreting the complicated set of immigration laws.

    Marks said that the president and his cabinet will continue to affect personnel decisions as long as these courts stay in the executive branch.

    "It's common sense that the boss of the prosecutor should not be the boss of the judge," Marks said, recalling the fight to keep immigration courts separate from immigration enforcement when DHS was created in 2002. Enforcement, which is primarily ICE, was separated from the DOJ.

    —NPR's Rahul Mukherjee contributed to data analysis for this story.
    Copyright 2025 NPR

  • Van Hollen will challenge Schumer in Senate
    Chris Van Hollen, who has a light skin tone and short, swept-back hair, speaks into a handheld microphone marked “Crooked Con” and gestures with the other hand, glancing to the side.
    Sen. Chris Van Hollen, D-Md., speaks during a panel at Crooked Con at the Walter E Washington Convention Center, in Washington, Wednesday, Nov. 7, 2026

    Topline:

    Democratic Sen. Chris Van Hollen of Maryland said today that he will run for Senate Majority Leader in the next Congress, setting up a challenge to Democratic Leader Chuck Schumer after the party swept to power in the midterm elections.

    Why now: Van Hollen’s challenge comes after he said he was considering a bid and after Schumer has said he has the necessary support to win. The closed-door, secret-ballot election will be held in early December. The race will be the first contested election for Democratic leader in decades. The question of whether to reelect Schumer has already divided the caucus and many senators will not say publicly how they will vote. They have privately deliberated about what message to take from the election, and Schumer recruited many of the party’s winning candidates and raised money for them.

    Democratic Sen. Chris Van Hollen of Maryland said Thursday that he will run for Senate Majority Leader in the next Congress, setting up a challenge to Democratic Leader Chuck Schumer after the party swept to power in the midterm elections.

    Van Hollen said in a statement that “the American people called for change” and that is why he is running.

    “It’s now on us to meet this moment, and to do that we need new leadership,” Van Hollen said. “This is not about any one person — it’s about answering the call of the American people. That is why I’m running for Senate Majority Leader.”

    Van Hollen’s challenge comes after he said he was considering a bid and after Schumer has said he has the necessary support to win. The closed-door, secret-ballot election will be held in early December.

    The race will be the first contested election for Democratic leader in decades. The question of whether to reelect Schumer has already divided the caucus and many senators will not say publicly how they will vote. They have privately deliberated about what message to take from the election, and Schumer recruited many of the party’s winning candidates and raised money for them.

    Schumer has been talking to Democratic senators since the election about forming an agenda for 2027.

    “I’m going to win it,” Schumer told The Associated Press in an interview last week.

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  • Leasing spaces for childcare providers
    Aerial view of a colorful carpet with hands working on a puzzle with big pieces.
    The Los Angeles Unified School District is looking to lease spaces in its schools for infant and toddler care.

    Topline:

    The Los Angeles Unified School District may lease spaces in its elementary, middle and high schools to use as childcare spaces for babies. 

    What’s new: The district is putting together a list of qualified providers and looking to identify spaces it could lease. Ranae Amezquita, executive director of the district’s early childhood education division, said once the district has a list of spaces, it will start a request for proposal process that childcare providers can apply to during the 2027-2028 school year.

    The backstory: In April, LAUSD board members passed a resolution in an aim to expand childcare and early education slots in the district. The district currently runs about 90 preschools, called early education centers, for children 2 to 4 years old, but it has only four centers that serve children under 2. “ The problem with infant care — the reason we can't open them ourself at this time, is because of the cost,” said Amezquita at a board meeting Thursday.

    Why it matters: The need for local infant and toddler childcare is high. In 2022, LA County assessed that the county only had enough licensed spaces to care for 4% of kids under 2. At the same time, the district has been facing declining enrollment among lower birth rates. The resolution to expand early childhood care aims to, in part, strengthen the enrollment pipeline into the district.

    Further reading:

    The Los Angeles Unified School District may lease spaces in its elementary, middle and high schools to use as childcare spaces for babies. 

    The district is putting together a list of qualified providers and looking to identify spaces it could lease.

    Ranae Amezquita, executive director of the district’s early childhood education division, said once the district has a list of spaces, it will start a request for proposal process that childcare providers can apply to during the 2027-2028 school year.

    Why is LAUSD looking to expand childcare options now?

    In April, LAUSD board members passed a resolution in an aim to expand childcare and early education slots in the district.

    The district currently runs about 90 preschools, called early education centers, for children 2 to 4 years old, but it has only four centers that serve children under 2. “The problem with infant care — the reason we can't open them ourself at this time, is because of the cost,” said Amezquita at a board meeting Thursday.

    The need for local infant and toddler childcare is high. In 2022, L.A. County assessed that the county only had enough licensed spaces to care for 4% of kids under 2. At the same time, the district has been facing declining enrollment amid lower birth rates. The resolution to expand early childhood care aims to, in part, strengthen the enrollment pipeline into the district.

    Learn more about affordable childcare in LA

  • Watchdog says judge committed willful misconduct
    A portrait of an older white man in a gray suit. He's wearing glasses and sitting in a wicker-style chair while facing the camera.
    Judge Robert Draper

    Topline:

    An L.A. County Superior Court judge has been removed from the bench in a rare move by California’s judicial watchdog.

    Why it matters: Judge Robert Draper engaged in 17 instances of misconduct, according to the California Commission on Judicial Performance. Removing a judge is reserved for only very serious matters.

    The background: Draper’s misconduct includes offensive comments on race and gender, sending unnecessary photos of his naked backside to colleagues and defying orders to not work on cases while on involuntary leave.

    What’s next: Draper lost reelection in June. Gov. Gavin Newsom may appoint his successor sooner. The court could also fill his department.

    Read on… to see what Draper said about the outcome.

    In an extraordinary turn of events, the state’s judicial watchdog has removed Judge Robert Draper, 84, from the Los Angeles County Superior Court after 14 years of service. He faced several counts of misconduct prior to losing reelection earlier this year.

    The California Commission on Judicial Performance concluded Tuesday in an 87-page decision that Draper engaged in 17 instances of behavior that made him no longer fit for office. He hasn’t heard a case since 2023 because of the issues.

    “Judge Draper persistently violated the standards governing judicial behavior and engaged in extensive and severe misconduct,” the commission said in a statement, adding that it was “aggravated by his refusal to accept responsibility for his misconduct, and his lack of insight or remorse for his misconduct and its effect on others.”

    Draper previously admitted to some of the claims and denied others in interviews with LAist earlier this year. In a statement this week, he called the decision “deeply disappointing.”

    “Any individual put under such intense and meticulous scrutiny likely would find themselves in a similar situation, albeit with slightly different facts,” he said.

    Draper said the investigation came at a time when he raised concerns within the judiciary, and that it was used “presumably for purposes of dismissing his dissent by discrediting him.”

    He plans to pursue “other avenues” to change the system, according to the statement. Draper's attorney declined to share what those would be.

     “It’s very rare for a judge to be removed from the bench,” said Laurie Levenson, a professor at Loyola Law School. “It’s the ultimate sanction against a judge.”

    The commission has only removed 15 judges since it gained the authority to do so in 1995, according to its records, with the last for an L.A. County Superior Court judge happening in 2006.

    The misconduct

    The decision comes after a yearslong investigation and legal proceedings with independent evaluators. Prior to that, Draper had never been disciplined. According to the commission, his long list of misconduct includes:

    • Making “offensive” and “insensitive” comments in court about race and gender.
    • Sending “abusive” emails and unnecessary graphic pictures of his naked backside to colleagues.
    • Acting with “deliberate defiance of his presiding judge’s orders” by continuing to access court systems and work on cases while on involuntary leave.

    Some allegations the commission reviewed were dismissed for lack of evidence, including one that he inappropriately touched an attorney’s hair.

    What happens next

    While Draper lost reelection, his seat is now empty sooner than usual. Judge-elect Tal Khan Valbuena is on deck to replace him in January.

    It’s possible Gov. Gavin Newsom may decide to appoint Khan Valbuena sooner. The court could also move another judge into his department.

  • 'Record-shattering' temps pushing tides higher
    A man paddleboards with his dog along a flooded street.
    Flooding inundated coastal communities around Southern California this week, including Orange County's Sunset Beach.

    Topline:

    El Niño is making the California coast much warmer than usual, and scientists are concerned about coastal flooding.

    Unseasonably warm waters: The ocean temperatures along a stretch of coast from Sonoma County down to Ensenada, Mexico, are 10 degrees warmer than average. In a webinar Thursday, University of California climate scientist Daniel Swain stressed how unusual the current heat wave is, describing it as “mind-boggling” and “record-shattering.” “I'm using all the superlatives in the book because I think they're appropriate,” Swain said.

    Exceeding records: The water temperatures in nearly every location are higher than any measured during the cold season in recorded history. “Not only is the water warmer than it's ever been at this time of year, but in fact it is warmer than it has ever been at any point after Nov. 1 and before May in any previous year,” Swain said.

    The stakes for coastal flooding: Warmer oceans mean that the water expands, leading to high tides like the ones Long Beach and Orange County have experienced in recent months. Scientists are especially watching for king tides during Thanksgiving week. (King tides are also expected around Christmas and in late January.) And any significant rainstorms — which El Niño could bring — would also make flooding worse.

    Why the heat wave is expected to stick around: “ Marine heat waves take a lot longer to develop, and they're a lot more persistent,” Swain said. That’s because water takes longer to heat up or cool down than air, and because wind can generally move air faster than ocean currents.