A California immigration judge has filed a lawsuit against the Department of Justice (DOJ), alleging that her termination was a result of her being a registered Democrat, a woman over 40, and her ties to immigrant-rights groups.
Allegations of Discrimination
The 14-page lawsuit, filed by Kyra Lilien, names the DOJ and Acting U.S. Attorney General Todd Blanche as defendants. Lilien claims she was not retained past her probationary period due to discriminatory factors, including her age, her fluency in Spanish, and her associations with the Hispanic community. Her attorney, Kevin Owen, stated that she did not fit the administration’s mold and that the actions against her were impermissible and unlawful, violating her civil and First Amendment rights.
Probationary Period and Termination
Lilien was appointed to the San Francisco Immigration Court in July 2023 and transferred to the Concord Immigration Court in February 2024, serving nearly two years, which is the standard probationary period for immigration judges before appointments are typically converted to permanent roles. The lawsuit highlights that nearly 30 other immigration judges nationwide were either fired or not converted from their probationary periods around the same time, with a significant number of them being female. Data from TRAC Immigration indicates that Lilien denied 34% of asylum claims brought before her during her tenure.
Management Hostility and Memos
The suit also points to controversial memoranda issued by Sirce Owen, the acting Executive Office for Immigration Review (EOIR) director at the time. These memos reportedly demonstrated hostility toward immigrant advocacy groups, characterizing them as “extremist leftist organizations” that promote illegal immigration and seek to undermine immigration courts. Another memo criticized hiring practices under the Biden administration. Lilien’s lawsuit contends that these memoranda revealed management’s bias against hiring individuals with backgrounds in immigrant rights, women, ethnic minorities, and those perceived as “DEI” hires.
Legal Action and Civil Rights
Lilien’s termination notice on July 11, 2025, stated that the attorney general had decided not to extend her term or convert it to a permanent appointment. The lawsuit alleges that her termination violated her civil rights and First Amendment protections, seeking legal recourse against the DOJ for these alleged discriminatory practices.
