David Kim, a Korean American judge at the New York City immigration court, said he was fired while presiding over an asylum hearing at Federal Plaza in Lower Manhattan on September 4.
On September 5, Kim wrote on LinkedIn, “It is with great regret that I share that I am no longer an immigration judge.” He said he received an email the previous afternoon from the director of the Executive Office for Immigration Review (EOIR) stating that, under Article II of the U.S. Constitution, his services were no longer needed. Kim added, “In over 40 years of work, this is the first time I have ever been fired.”
The email cited Article II, which gives the president broad authority over executive branch personnel decisions. According to The City, Kim was notified of his dismissal while handling an asylum case in Lower Manhattan.
The reason for the removal has not been made public. Kim was known to have the highest asylum approval rate among judges at the New York City immigration court.
Kim, who immigrated to the United States at age 16, said the decision conflicts with efforts to reduce the immigration case backlog. He argued that if experienced judges continue to be dismissed, the backlog will only worsen.
