Former immigration judge sues Trump administration alleging illegal firing
Dec 04, 2025
A former immigration judge who was fired less than a month into President Trump’s second term is suing the administration, alleging in a recent lawsuit that she was terminated because of her gender, as well as her political and ethnic background.
A dual citizen of Lebanon and the United States,
former Immigration Judge Tania Nemer is now speaking out about her lawsuit, which accuses the U.S. Department of Justice and Attorney General Pamela Bondi of illegally firing her.
In her complaint Nemer, who was in her two-year probationary period at a Cleveland immigration court, says she was in the middle of a hearing on February 5th when her supervisor suddenly escorted her out of the courtroom.
“I had a courtroom full of immigrants, about 30 immigrants that day. I had DHS counsel, I had staff, court staff in the room. I was on the record,” Nemer recalled.
According to her lawsuit, Nemer was given no advance notice and no explanation for her termination. She also said that in her latest performance review she had received the highest rating possible.
“The reason for that is because I’m a woman who is dual citizen to an Arab country of Lebanon, and because I’m a known Democrat. It’s very simple to be able to see that by a Google search.”
Nemer says her own immigrant roots were part of the reason she chose the job in the first place. “Immigration always had a special place in my heart because I come from a family of immigrants,” she said.
Her attorney, Jim Eisenmann, says even Nemer’s direct supervisors seemed blindsided by the decision.
“The day that Tania was fired, the individuals—her bosses—didn’t know why she was fired,” Eisenmann said. “They had no idea what the reasons were. So right there, there’s a problem.”
The lawsuit notes that two other probationary judges at her court—both men and not of Middle Eastern background—were retained. It also points out that Nemer previously ran for local office as a Democrat.
The case details that Nemer was part of a class of 38 other immigration judges hired in July 2023. Of that class, she was the only one of Lebanese origin and the only immigration judge with dual citizenship to an Arab country. At the time of her termination in February, none of the other judges had been terminated, according to her lawsuit.
The Justice Department, whose Executive Office for Immigration Review overseas the executive branch’s immigration court system, declined to comment on the lawsuit or explain Nemer’s termination.
According to her lawsuit, this Spring the Justice Department’s Equal Employment Opportunity office dismissed a discrimination complaint she filed, saying the termination was a “lawful exercise” of the authority the president and attorney general possess under Article II of the Constitution to remove inferior officers.
But Eisenmann says the DOJ’s legal stance conflicts with constitutional protections offered to federal employees.
“What is new and shocking and unprecedented here with this case is the Department of Justice taking the position that it can freely discriminate against federal employees because Article II of the Constitution allows them to do that,” he said. “That is not a position that’s been taken in the past and is really a shocking repudiation of the Civil Rights Acts.”
Nemer’s lawsuit argues that her firing violates the Civil Rights Act of 1964, which prohibits discrimination based on sex, race, and national origin, as well as the First Amendment, which protects political affiliation.
She is asking a federal court to reinstate her to the bench and award back pay and damages.
Her case comes amid an unprecedented wave of immigration judge firings nationwide. Nearly 100 immigration judges have been removed by the Trump administration this year alone, according to the judges’ union—12 of them in San Francisco. Some of those dismissed judges telling NBC Bay Area Nemer’s lawsuit is likely the first of many.
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