Sarah Ellison Hernandez's dream was to become a judge. In 2018, Sarah's dream was realized when she was appointed as an immigration judge. It was the highlight of her career. She remembers excitedly calling her mom with the news. To this day, the memories of her swearing-in ceremony make her emotional because of the weight and importance of her oath. Sarah thought this would be her forever job.
Normally, a new presidential administration will cause a few changes to immigration courts, but those are just adjustments in priorities and don't spark legal concern. Beginning in January, Sarah saw what she calls "bread crumbs" of the administration trying to go somewhere with immigration law and policy. Sarah was concerned by the barrage of "spicy" policy memos being released daily. These memos laying the groundwork to fire employees for minor infractions.
Sarah became increasingly concerned when she learned the US State Department's Country Reports on Human Rights Practices would no longer include information about persecution of women, individuals with disabilities, or LGBTQ+ individuals. They also removed or reduced coverage of issues such as fair trials, political freedom, corruption, and more. Immigration judges rely heavily on these annual reports to adjudicate asylum claims for protection from persecution or torture. Sarah recalled a time when she relied on the reports to grant a claim for a woman who had escaped an honor killing in India. This change was one of the first moments Sarah saw the administration taking away protections for everyone.
Every day in 2025 was something new for Sarah, and things were only getting worse. The DOJ's Executive Office of Immigration Review was instructing immigration judges to pretermit applications. Cases were to be dismissed, and individuals were to be placed in expedited removal. All of these instructions made Sarah squeamish.
The breaking point for Sarah was the Kilmar Abrego Garcia case, when the administration lied about the circumstances surrounding Abrego Garcia's deportation in intentional defiance of the law and court order. Sarah's gut was telling her "Danger! Danger! Danger!"
Sarah worried about DOJ taking advantage of how immigration courts are set up. With immigration courts being administrative courts and part of the DOJ, the Attorney General can pull a case and issue a ruling which then becomes binding case law. The Board of Immigration Appeals reports to the Attorney General, who reports to the President. The AG can control what immigration courts do, and the AG is currently pushing the bounds of what is constitutionally allowable. Sarah wondered at what point she would be asked or instructed to do something illegal.
When the second Deferred Resignation Program offer came around, Sarah knew she had to take it. She could no longer keep her head down and hope for the best. She saw the administration lie and intentionally defy court orders. Sarah refused to be a part of that.
Since leaving her dream job, Sarah has opened her own private practice, Ellison Hernandez, PLLC, in Midlothian, Texas, providing consultation services and litigation support for other attorneys and law firms. Sarah is using her 15 years of state, federal, and immigration court experience to give insight and assist other attorneys and law firms in advocating for their clients. She is licensed to practice law in Texas and supports clients nationwide via her virtual platform.
Connect with Sarah on LinkedIn.
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The views expressed in this episode are solely those of the individuals providing them and do not necessarily represent the views of the FBI, the DOJ, the United States, or any past or current employers.
