He was fired under Biden. Under Trump, he's now leading an immigration court
Context:
Matthew O'Brien, initially appointed as an immigration judge during Trump's first term, was dismissed during the Biden administration, a move that sparked GOP claims of political bias. Recently, under Trump's administration, O'Brien has been rehired and promoted to assistant chief immigration judge, raising concerns about the impartiality of immigration courts. O'Brien is known for his hardline views on immigration and had a high rate of asylum denials, leading to questions about whether his return undermines the neutrality expected of immigration judges. While the DOJ's inspector general found no conclusive evidence of political bias in O'Brien's previous dismissal, a February memo questioned the ethicality of Biden's actions, potentially paving the way for his rehiring. Critics worry that the Trump administration's reshaping of immigration courts might transform them into instruments of deportation rather than impartial arbiters of justice.
Dive Deeper:
Matthew O'Brien, who served as an immigration judge under Trump, was fired during Biden's presidency, which led to Republican accusations of political interference. His reinstatement and promotion under Trump have raised questions about political motivations and the impartiality of immigration judges.
O'Brien, known for his hardline immigration stance, had a nearly 90% asylum denial rate, significantly higher than national averages, which has sparked concerns about fairness and neutrality in the immigration court system.
The DOJ's inspector general previously found insufficient evidence to support claims of political bias in O'Brien's firing, although a recent memo from the DOJ under Trump questioned the ethicality of such dismissals under Biden, suggesting potential political motivations.
Immigration critics and lawyers fear that Trump's actions, including broad firings and the rehiring of judges like O'Brien, might compromise the neutrality of immigration courts and turn them into mechanisms for expedited deportations.
O'Brien's public statements, such as referring to asylum claims as 'bogus,' have been contentious and were central in a Fourth Circuit Court of Appeals discussion, though ultimately they did not result in a ruling against him.
Since returning to the White House, Trump has implemented measures to speed up deportations, including bypassing court hearings, which aligns with O'Brien's reinstatement and reflects a broader strategy to reform immigration courts.
Concerns have been raised about the potential for immigration courts to lose their role as neutral arbiters, with fears that the system could become akin to enforcement or removal operations, undermining due process for immigrants.