Jennifer Peyton, a former assistant chief immigration judge in Chicago, said she has watched more than 100 judicial colleagues be abruptly terminated, transferred or resign this year.
Peyton and Carla Espinoza are among a group of dozens of judges who have been terminated without explanation since President Donald Trump took office in January. Both women spoke out Monday about what they called a lack of transparency and due process — adding they’re concerned about a staggering 3.5 million backlog in immigration cases.
“Since January 2025, immigration courts… are no longer honoring or offering due process like it did when I was appointed in September 2016. The court system has been systematically and intentionally destroyed, defunded and politicized by this administration,” Peyton said at a Chicago press conference alongside Sen. Dick Durbin. “I don’t know why this has happened, but I fear for our country and for justice.”
Peyton is still unsure why she was terminated. She said she wakes up at night wondering why.
Peyton was fired on July 3 via email, about two weeks after Durbin met with her at a Chicago immigration court. That visit triggered an email to Peyton from the Justice Department that stated judges “should not directly communicate with members of Congress and congressional staff.” Durbin called it an “abuse of power by the administration to punish a non-political judge simply for doing her job.”
Durbin questioned why Trump is terminating judges at a time when there are millions of cases, including those awaiting final judgment — cases the president said he wanted to see resolved expeditiously on the campaign trail.
“What is going on in one of the busiest courts in the nation? They’re terminating career immigration judges, not political appointments,” Durbin said. “…It raises a serious question on whether or not this court system is going to be guided by due process or politics.”
Peyton worked on a pro-bono steering committee and led a law school working group that helped promote pro bono assistance within immigration courts. She said she has seen many judges who provided pro bono services for nonprofits be terminated. Peyton has filed an appeal regarding her termination.
Espinoza, who was sworn in as a judge in 2023, said at least 20 other judges who stood alongside her during that ceremony have been terminated. Espinoza was fired on July 11 by email while sitting on the bench, with no reason given. Her notice said she had been dismissed at the end of a two-year probationary period.
“While there is no state of reason for our terminations, we have seen that women and minorities have been disproportionately affected. For example, those judges who were sworn alongside me, we have seen a pattern that all of those with a Hispanic last name, such as myself, have been terminated. All of those with a Middle Eastern last name have been terminated… All of those who are LGBT have been terminated,” Espinoza said. “We also see the pattern that all of those who provided pro bono services for not-for-profits have been terminated. This clearly raises serious concerns about transparency, fairness and due process in our courts.”
Espinoza in June ruled that a Mexican immigrant who was falsely accused of threatening to assassinate Trump could be released from a Wisconsin prison on bond. She said she has seen judges who handled “high-profile cases” be fired.
Espinoza has asked for a reason for her termination and specifically whether her gender, sex or heritage played a role.
“I am waiting for a response,” Espinoza said.