{"id":3414,"date":"2026-08-04T20:35:42","date_gmt":"2026-08-04T20:35:42","guid":{"rendered":"https:\/\/coloradospringsmoverss.com\/?p=3414"},"modified":"2026-08-04T20:35:42","modified_gmt":"2026-08-04T20:35:42","slug":"fired-judge-says-colorados-immigration-courts-focus-on-rapid-deportations-not-due-process","status":"publish","type":"post","link":"https:\/\/coloradospringsmoverss.com\/?p=3414","title":{"rendered":"Fired judge says Colorado\u2019s immigration courts focus on rapid deportations, not due process"},"content":{"rendered":"
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In January, Brea C. Burgie told an Aurora courtroom that an official in Washington, D.C., had emailed her and the rest of the nation\u2019s immigration judges.<\/p>\n

Read more LA County fire officials say electrical tower sparked deadly Eaton fire<\/a><\/p>\n

The judges weren\u2019t bound, the email said, by a California court that had ruled it was illegal for the Trump administration to deny bail hearings to many immigrants sitting in America\u2019s detention centers.<\/p>\n

Burgie brought it up in her courtroom, she later said, because she wanted it on the record that she would follow that court order anyway. It was a Thursday. On Saturday, she received two more emails: one from her direct supervisor, telling her she needed to be counseled about her position, and the other, sent two hours later, telling her she\u2019d been reassigned. Then she was summoned to a meeting the next week with the chief immigration judge, the official who had sent the first email.<\/p>\n

Five months later, her phone buzzed again. She was on a tour of the Pentagon with her kids, part of a spin through D.C. to celebrate the nation\u2019s 250th birthday. When it ended, she read the boilerplate message that had been received by dozens of her colleagues in the prior 18 months.<\/p>\n

She was fired, with immediate effect. The email provided no cause or explanation.<\/p>\n

\u201cI thought I was gonna get fired when I got back,\u201d Burgie said from her home south of Denver.\u2029 \u201cI didn\u2019t think they\u2019d do it on vacation, but I guess nothing should surprise us from this administration.\u201d<\/p>\n

As it seeks to rapidly arrest and deport millions of immigrants without proper legal status, President Donald Trump\u2019s administration has taken unprecedented steps to bend the nation\u2019s immigration system to meet its goals. Federal officials have remade the immigration courts and exercised new, and intensely granular, control over the judges, like Burgie, who are tasked with overseeing them.<\/p>\n

Within hours of Trump\u2019s inauguration last year, he fired four senior officials in that system, which is an administrative court. Rank-and-file immigration judges have followed.<\/p>\n

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Burgie was the second Colorado immigration judge fired under the Trump administration in his second term, and she joins roughly 120 judges nationwide who have lost their jobs in the past 18 months, said Jeremiah Johnson, the vice president of the National Association of Immigration Judges. He served on a San Francisco court until he, too, was fired last fall.<\/p>\n

In their place have come temporary judges, former lawyers for U.S. Immigration and Customs Enforcement, military personnel and attorneys with little immigration experience. One of the new judges in Aurora is Robyn Ross, who worked on Robert F. Kennedy Jr.\u2019s independent presidential campaign. Before that, she was a research director at his anti-vaccine organization, according to the New York Times.<\/p>\n

The goal, Burgie and Johnson argued, has been to remove judges who may buck the administration\u2019s efforts to rapidly deport people by doing their jobs: holding hearings, following case law and providing due process.<\/p>\n

Unlike other federal judges, who are appointed and thus cannot be fired, immigration judges are Justice Department employees, and Trump officials have claimed the constitutional authority to dismiss them. Burgie said she suspected she was fired because she was perceived as \u201ctoo liberal.\u201d<\/p>\n

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\u201cThis has been a complete strategy to not have hearings, by firing experienced immigration judges like myself and like Judge Burgie \u2014 who were judges who followed the law and followed a full and fair hearing process,\u201d Johnson said. \u201cYou want to get rid of those judges.\u201d<\/p>\n

A representative for the Executive Office for Immigration Review, which oversees the immigration court system, did not respond to an email seeking comment for this story. A Justice Department spokesman told the New York Times earlier this year that the Trump administration was conducting \u201cre-evaluations of personnel and processes to deliver a better system.\u201d<\/p>\n

\u2018The point is deportation\u2019<\/h4>\n

The effort to expedite deportations and limit court proceedings has perhaps been most evident in the administration\u2019s efforts to sharply curtail immigrants\u2019 ability to get out of detention.<\/p>\n

For decades, federal law allowed judges to consider bail for immigrants without legal status who were arrested within the United States, posed no flight risk and were not a danger to the community. But last July, the Trump administration announced that it would treat those immigrants as if they\u2019d been arrested at the border \u2014 meaning they wouldn\u2019t be eligible for bail.<\/p>\n

Detentions and deportations spiked. Lawsuits followed, too, in Colorado and elsewhere.<\/p>\n

In December, a federal court in California declared that the new legal interpretation was unlawful. Following the ruling, Burgie and other immigration judges in Colorado began granting bail at a faster pace than they had in months.<\/p>\n

Among those newly released was Jeanette Vizguerra, a Denver activist with a national profile. Burgie oversaw her bail hearing, and when she approved Vizguerra for release, a spokesperson for the Department of Homeland Security derided her as an \u201cactivist judge.\u201d<\/p>\n

Then came the email from the nation\u2019s newly appointed chief immigration judge \u2014 the one telling hundreds of lower-level officials they weren\u2019t bound by the decision, and which Burgie publicly set aside. The California decision was later suspended, but other courts have issued similar rulings, including the 10th U.S. Circuit Court of Appeals, which oversees Colorado and neighboring states.<\/p>\n

Priorities often shift under different administrations, Burgie and Johnson said, and there has always been pressure on judges\u2019 dockets.<\/p>\n

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But Trump\u2019s return to office has brought sweeping and unprecedented change to the immigration court system, the former judges argued. It has included an intense monitoring of court proceedings, with Burgie recalling that officials based in Washington listened in on bond hearings in Aurora and questioned why judges used specific procedural codes that were once routine and uncontroversial.<\/p>\n

Johnson said judges have been asked to justify any decision to grant bail to a detainee, and supervisors have \u201cessentially established competition among judges to see who can complete the most cases.\u201d<\/p>\n

Burgie said her supervisors would pass on complaints from ICE lawyers, which she likened to \u201ctattle-taling\u201d\u00a0\u2014 albeit with the implication that displeasing them could upend her career.<\/p>\n

Judges\u2019 dockets were suddenly so packed that it felt like the only way to work through them was to rapidly order detainees\u2019 removal from the country.<\/p>\n

\u201cThe point is deportation,\u201d Burgie said. \u201cThe point is not to reduce the backlog \u2014 or at least the reducing the backlog is a secondary goal.\u201d<\/p>\n

Reassigned cases<\/h4>\n

Though Burgie suspected she was fired because she was \u201ctoo liberal\u201d in her application of immigration law, she also noted that her first disciplinary emails came barely a month after she granted bail to Vizguerra, whose court case had drawn intense media scrutiny. The Mexican national had lived in the United States for nearly 30 years.<\/p>\n

Burgie was initially assigned Vizguerra\u2019s broader immigration case, which would determine the activist\u2019s ability to stay in the country. But before the assignment was publicly disclosed, the case was quickly reassigned to a judge in Texas, Burgie said.<\/p>\n

She said her supervisor told her that the bail case would\u2019ve been reassigned away from her, too, had it not already been public.<\/p>\n

Burgie worked for the federal government for 17 years, the last seven as a judge. A former social worker, she\u2019d left a brief stint at a humanitarian nonprofit\u00a0during Trump\u2019s first term because she felt she could be more impactful from the bench.<\/p>\n

\u201cI mean, I can\u2019t say I liked being a judge the last year,\u201d she said. \u201cThey changed the job dramatically. But I loved my job before that.\u201d<\/p>\n

Though she suspects she was fired for being liberal, she said she followed the administration\u2019s position on bail hearings until the California court ruled otherwise \u2014 and court data shows she granted relatively few bail requests up until the December order. She\u2019d previously granted asylum more frequently than her colleagues, according to federal records published by researchers at Syracuse University, but her denial rate surged as the Trump administration clamped down.<\/p>\n

After she was reassigned in January, some of her cases were transferred to an acting supervisor from Arizona, according to legal filings obtained by The Denver Post. That judge, Irene Feldman, then reversed Burgie\u2019s prior rulings in the cases reviewed by The Post.<\/p>\n

The federal immigration court system, the Executive Office for Immigration Review, did not respond to questions about Feldman.<\/p>\n

Every judge in Aurora received a late January email reminding them of the administration\u2019s policy on bail hearings, Burgie said. If they didn\u2019t follow the policy, judges were told, they would be subject to disciplinary action. In a follow-up call, their acting supervisor said that included termination, she recalled.<\/p>\n

The effect of the change to bail hearings was longer detentions, with little prospect of release. Voluntary departures \u2014 when an immigrant requests to be deported as a speedy route out of detention \u2014 surged to unprecedented levels.<\/p>\n

\u201cI had one guy, I remember, who\u2019d been here for 40 years and didn\u2019t speak Spanish, and had been here since he was 3 years old,\u201d Burgie said. \u201cAnd he just asked for voluntary departure because he couldn\u2019t stand being (in detention)\u00a0anymore. It was just tragic.\u201d<\/p>\n

Like other fired judges, Burgie wants her job back. She wants reforms, too. To curb political interference, the immigration judges association is pushing federal legislation that would insulate them from the agendas coming out of the executive branch and instead treat them like other judges.<\/p>\n

Johnson and Burgie are both challenging their firings, as are other immigration judges, who argue they can\u2019t be fired without cause.<\/p>\n

Those challenges will go before the federal Merit Systems Protection Board. Last year, Trump dismissed the board\u2019s chairwoman.<\/p>\n

Stay up-to-date with Colorado Politics by signing up for our weekly newsletter, The Spot.<\/em><\/p>\n

Read more Wildfire smoke triggers air quality warning for every Colorado county. When will the air clear?<\/a><\/p>\n<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Colorado-based Judge Brea C. Burgie is speaking out on her firing in June by the Trump administration amid its efforts to reshape the immigration court system to deport millions of immigrants.<\/p>\n","protected":false},"author":1,"featured_media":3413,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13,4],"tags":[],"class_list":["post-3414","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-colorado-news","category-news"],"yoast_head":"\nFired judge says Colorado\u2019s immigration courts focus on rapid deportations, not due process - Colorado Springs Moverss<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/coloradospringsmoverss.com\/?p=3414\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Fired judge says Colorado\u2019s immigration courts focus on rapid deportations, not due process - Colorado Springs Moverss\" \/>\n<meta property=\"og:description\" content=\"Colorado-based Judge Brea C. 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