WASHINGTON – Newly obtained Executive Office for Immigration Review (EOIR) records show that Immigration Judge John P. Burns has been using artificial intelligence to generate audio recordings of his courtroom decisions at the New York Broadway Immigration Court.
According to a senior Justice Department official familiar with EOIR operations, the AI may either read written rulings aloud or potentially assist in drafting decisions. However, this has not been independently verified.
A Test Case for AI in Immigration Adjudications
The use of AI comes months after Acting EOIR Director Sirce E. Owen circulated Policy Memorandum 25‑40, which acknowledged that immigration courts have “neither a blanket prohibition on the use of generative AI in its proceedings nor a mandatory disclosure requirement regarding its use.”
The memo allows individual courts to adopt local rules on AI use but does not require judges to disclose its use. Burns appears to be among the first to adopt AI-assisted decision delivery, with courtroom assistants noting the technology has been in use since earlier this year.
Burns’ Record Raises Additional Concerns
Judge Burns is known as one of the most restrictive immigration judges in the U.S. Data compiled by Austin Kocher shows he approved just 2 percent of asylum claims between fiscal years 2019 and 2025, compared with a national average of 57.7 percent. Immigration advocates argue that pairing extreme denial rates with AI-assisted rulings may undermine defendants’ trust in the judicial process.
“When a person’s freedom depends on a judge’s voice, there needs to be certainty that it’s the judge’s own reasoning being rendered – not a synthesized layer of technology,” said an immigration lawyer who practices before the Broadway court.
Controversial Appointment and Political Pattern
Internal EOIR emails reveal that Burns’ appointment was politically influenced. Initially rated “Not Recommend” despite strong litigation experience, senior EOIR leadership overrode the evaluation and reclassified him as “Highly Recommended” in September 2020. Burns previously served as Assistant Chief Counsel for ICE in New York, representing the government in removal proceedings and appeals.
The pattern is part of a broader DOJ effort that has replaced more than 125 judges with politically aligned appointees and relaxed hiring standards, allowing the Attorney General to appoint “any licensed attorney” as a temporary immigration judge.
Broader Implications for Due Process
EOIR declined to comment specifically on Burns’ AI use. Experts warn that AI applications in courtrooms, when left undisclosed, accelerate the automation of adjudication in a system that already struggles with fairness and accountability.
“When the human element fades, so does accountability,” said a former EOIR official.
The incident underscores the need for clear oversight and transparency standards as generative AI enters sensitive legal proceedings.
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