This American Life

868: The Hand That Rocks The Gavel

Sep 21, 2025
Nadia Raymond, a talented producer and reporter, joins immigration judge Kira Lillian to discuss the significant changes in the immigration court system. They dive into how recent policy shifts have made judges feel pressured and skeptical about asylum claims. Kira shares personal stories that highlight the emotional toll on judges and migrants alike. The episode lifts the veil on ICE operations in courthouses, the impact of new guidance, and the chilling effect of mass firings among immigration judges, revealing the complexities of justice in these turbulent times.
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ANECDOTE

Arrests In The Courthouse Hallway

  • Zoe Chace witnessed ICE officers handcuff immigrants in courthouse hallways after hearings and escort them away.
  • One example: Luis from Venezuela was taken while his sister watched the elevator doors close in her face.
ADVICE

Adjudicate Motions Normally

  • When DHS moves to dismiss, adjudicate the motion as you would any other motion and follow normal procedures.
  • Jennifer Payton told judges to keep applying legal standards rather than rubber-stamping directives.
INSIGHT

May Versus Shall Felt Like An Order

  • EOIR emailed judges that they may grant DHS motions to dismiss immediately without giving respondents time to respond.
  • Judges perceived the permissive 'may' as a directive to favor DHS and felt their independence was undermined.
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