Immigration Judge Sues DOJ After Being Denied Permanent Appointment Following Probationary Period

U.S. Attorney General Todd Blanche. The suit alleges she was terminated because she is a registered Democrat and because of her affiliations with immigrant-rights groups.

Lilien further alleges she was not retained past her probationary period because she is a woman over the age of 40, fluent in Spanish, and has associations with the Hispanic community. The lawsuit states that her termination violated her civil and First Amendment rights.

Kevin Owen of Gilbert Employment Law in Maryland, one of Lilien's attorneys, told FOX San Francisco that Lilien didn't fit their mold and that the actions taken against her were impermissible and unlawful.

Lilien was appointed to serve at the San Francisco Immigration Court on July 23, 2023. She was transferred to the Concord Immigration Court in February 2024. In total she served nearly two years as an immigration judge, the standard probationary period under Justice Department policy.

On July 11, 2025, Lilien received a notice that her probationary period would not be converted to a permanent appointment. The notice stated that the attorney general decided not to extend her term or convert it to a permanent appointment pursuant to Article II of the Constitution.

Throughout her employment Lilien received satisfactory assessments, the highest possible rating, in her probationary period reports for fiscal years 2024 and 2025.

According to TRAC Immigration data, Lilien denied 34% of asylum claims brought before her. The lawsuit names nearly 30 other immigration judges from around the country who were either fired or not converted from probationary periods. Fourteen of the named immigration judges are from the Concord and San Francisco immigration courts.

The immigration judges who were not converted or were terminated around the same time as Lilien were overwhelmingly female. The suit also alleges that Sirce Owen, who was serving as the acting EOIR director in early 2025, issued memoranda in early 2025 that characterized immigrant advocacy groups as extremist leftist organizations that promote illegal immigration and attempt to undermine immigration courts.

Sirce Owen issued another memo criticizing the appointment practices under the Biden administration.

The memoranda demonstrated hostility toward hiring individuals with immigrants' rights backgrounds, women, ethnic minorities and others who may be considered DEI hires, the lawsuit states. Fox News reported that a federal judge blocked the Trump administration's mass dismissals of probationary federal employees.

Lilien's case is part of a wider set of actions affecting immigration judges who had completed their standard probationary service under rules set by the Justice Department.

Her satisfactory performance ratings stood in contrast to the July 11, 2025, notice citing Article II authority for the decision not to retain her.