Former immigration judge Tania Nemer has filed a federal lawsuit accusing the Trump administration of removing her based on sex, national origin, and political affiliation. The complaint challenges the Justice Department’s view that immigration judges can be dismissed at will, raising concerns about constitutional protections, statutory authority, and personnel practices across federal agencies.
Federal Lawsuit Challenges Dismissal of Former Immigration Judge
Former immigration judge Tania Nemer, appointed during the Biden administration, has filed a federal lawsuit asserting that she was removed unlawfully shortly after the start of President Trump’s second term. Nemer, who is of Middle Eastern descent and is a dual citizen of Lebanon, argues that her dismissal violated federal anti-discrimination laws and her constitutional right to engage in political activity.
According to the complaint, Nemer believes she was targeted because she is a woman, because of her national origin, and because she had previously run for local office as a Democrat. The lawsuit was filed in Washington, D.C., and challenges both the decision-making process leading to her dismissal and the federal government’s interpretation of the legal status of immigration judges. Nemer asserts that her removal occurred without a stated reason and that the actions taken against her were inconsistent with federal protections for government employees under Title VII of the Civil Rights Act.
Justice Department’s Stance on Immigration Judge Removal
Central to the lawsuit is a recent decision by the Justice Department’s Equal Employment Opportunity Office, which dismissed Nemer’s internal discrimination complaint. The EEO concluded that immigration judges are classified as inferior officers under Article II of the Constitution and, as such, may be removed at will by the president or the attorney general.
A follow-up EEO decision issued on September 25 reaffirmed this position, stating that no federal statute requires cause for the removal of immigration judges. Nemer’s legal team argues that this reasoning conflicts with the plain language of Title VII, which they say covers all federal employees and prohibits adverse actions based on gender, national origin, or political affiliation.
Her attorneys, Nathaniel Zelinsky and James Eisenmann, noted in the court filing that they intend to seek her reinstatement and a declaration clarifying the legal status of immigration judges under federal anti-discrimination law. The Justice Department has declined to comment, citing the pending litigation, and the Executive Office for Immigration Review has not issued additional guidance on how the ruling may affect future personnel decisions.
A System Under Pressure as Personnel Changes Accelerate
The lawsuit describes the moment Nemer learned of her termination. Nemer had served as an immigration judge since 2023 and was among the cohort selected during the Biden administration. She was delivering rulings from the bench on February 5 when a supervisor instructed her to stop proceedings immediately. She was told she had been removed from her position effective that day without further explanation.
Data cited by the American Immigration Lawyers Association indicates that more than 100 judges, out of an estimated 700 nationwide, have either been dismissed or encouraged to step aside since the beginning of President Trump’s return to office. Advocacy groups warn that these reductions may worsen existing case backlogs, even as enforcement actions and removal operations have expanded.
Legal observers say Nemer’s case could shape how future administrations interpret their authority over immigration judges and influence how workplace discrimination protections are applied within agencies operating under unique statutory frameworks.
Looking Ahead
The lawsuit is expected to prompt a broader conversation about constitutional safeguards, employee rights, and the structure of immigration courts. The outcome may affect hiring standards, management practices, and the long-term stability of an already strained system.
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