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Former Immigration Judge Sues DOJ, Alleging Firing Over Sex, National Origin and Political Views

Tania Nemer, a former immigration judge, has sued the Department of Justice, alleging she was unlawfully fired on Feb. 5 because of her sex, Lebanese dual nationality and past Democratic candidacy. Her complaint asserts the dismissal violates Title VII and her First Amendment rights and asks a federal court to order her reinstatement. The suit challenges an internal EEO finding that concluded immigration judges may be removed at will, and comes amid reports that over 100 immigration judges have left since the administration changed.

03:26 AM, 12/02/2025Politics
Former Immigration Judge Sues DOJ, Alleging Firing Over Sex, National Origin and Political Views

Dec 1 — A former immigration judge has filed a federal lawsuit claiming she was unlawfully terminated by the U.S. Department of Justice on Feb. 5, alleging the dismissal was motivated by sex, national origin and political affiliation.

Tania Nemer says the Justice Department removed her shortly after the start of the administration's latest term. In a complaint filed in federal court in Washington, D.C., she says she was targeted because she is a woman, a dual citizen of Lebanon and the child of immigrant parents, and because she previously ran unsuccessfully for local office as a Democrat.

Legal claims

Nemer's lawsuit argues her firing violated Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex and national origin, and infringed her First Amendment right to engage in political activity. Her complaint seeks reinstatement and asks a federal court to reject the Justice Department's position that immigration judges may be removed at will without protections under Title VII.

Justice Department response and EEO finding

According to the suit, the department's Equal Employment Opportunity office dismissed a prior discrimination complaint, concluding in a Sept. 25 decision that no statute—including Title VII—shields immigration judges from at-will removal by the president. Nemer contends that conclusion is incorrect and that the department's actions amount to unlawful discrimination.

"Title VII is unquestionably constitutional. The government cannot discriminate against its employees. Full stop," said Nemer's attorneys Nathaniel Zelinsky and James Eisenmann. "We look forward to pursuing Tania’s case in court."

The Justice Department, which oversees the Executive Office for Immigration Review that runs the federal immigration courts, declined to comment on the lawsuit.

Broader context

Nemer says she was presiding on the bench when her supervisor interrupted and informed her she was terminated effective immediately, without explanation. The American Immigration Lawyers Association reports that more than 100 immigration judges — out of roughly 700 — have left or been removed since the administration began, a shift the group says has reduced the number of judges available to hear a rising caseload amid stepped-up enforcement.

By Nate Raymond

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