Lawsuit alleges Trump administration showed bias in firing immigration judge

Dec 1 (Reuters) - A former immigration judge has initiated legal action against the Trump administration, claiming she was unjustly dismissed due to discriminatory motives. The lawsuit, filed Monday in federal court in Washington, D.C., alleges that the administration acted on the mistaken belief that the president can legally make employment decisions based on an employee's gender, national origin, or political affiliation.

Tania Nemer, the plaintiff, stated that the U.S. Department of Justice terminated her on February 5, shortly after the start of President Trump's second term. Nemer asserts that her dismissal was because she is a woman, holds dual citizenship with Lebanon, is the child of immigrant parents, and had previously run unsuccessfully for local office as a Democrat.

The lawsuit contends that her firing violated Title VII of the Civil Rights Act of 1964 as well as her constitutional right under the First Amendment to engage in political activity. Nemer's complaint also highlights that the Justice Department's Equal Employment Opportunity office rejected a prior discrimination claim she filed, maintaining that her removal was a "lawful exercise" of presidential and attorney general authority under Article II of the Constitution.

In a September 25 decision, the head of the Justice Departments Equal Employment Opportunity office concluded that no law, including Title VII, shields immigration judges from at-will dismissal by the president. Nemer argues this interpretation is incorrect and seeks a court order to reinstate her position.

Title VII is unquestionably constitutional, said her attorneys, Nathaniel Zelinsky and James Eisenmann. The government cannot discriminate against its employees. Full stop. We look forward to pursuing Tanias case in court.

The Justice Department, which oversees the Executive Office for Immigration Review and the federal immigration court system, declined to comment on the lawsuit.

Nemer, who joined the Justice Department in 2023 under former President Joe Biden, recounted that her immediate supervisor informed her of her termination in person, without providing any explanation. She was serving on the bench at the time.

Since the beginning of Trumps second term in January, over 100 of roughly 700 immigration judges have been removed or pressured to resign, according to the American Immigration Lawyers Association. The group claims that these actions have strained the immigration court system amid an increase in arrests and deportations.

Author: Sophia Brooks