A New Jersey judge recently criticized for unsympathetic comments to a woman claiming rape is now deciding immigration cases for detained migrants, including victims of domestic violence and sexual assault. The Trump administration last month named Thomas Shusted, who served as a Superior Court judge in Camden County for over a decade, as an immigration judge for Elizabeth Immigration Court, where he decides whether detained immigrants can be released on bond during deportation proceedings.
What changed
Shusted’s appointment came about two weeks after he was taken to task by a three-judge New Jersey appellate panel over his comments to a woman who sought a restraining order against a man she accused of rape. The restraining order case came before him in May 2025, when a college student sought a protective order against a man she said raped her. The appellate ruling states Shusted’s remark “falls short of treating a sexual assault victim with fairness, compassion and respect.”
Why it matters
Immigration attorneys are concerned that Shusted could exacerbate what they say is already a dire situation for their clients, who are regularly denied bond in New Jersey immigration courts. Immigration attorneys are particularly concerned about how Shusted will handle cases brought by victims of domestic violence and human trafficking—the types of victims the appellate court accused Shusted of failing to protect.
For practitioners, this matters because asylum and bond hearing strategy often hinges on judicial credibility assessments and compassion for trauma-based claims. A judge with a record of dismissing sexual violence victims’ concerns poses significant risk to your clients’ cases—especially when seeking bond release or pursuing asylum under domestic violence or trafficking grounds.
Immigration attorneys plan to file formal complaints against him with the Office of the Chief Immigration Judge within the Department of Justice.
Way forward
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File a disqualification motion or recusal request in any Shusted proceeding where your client is a victim of domestic violence, sexual assault, or trafficking. Cite the appellate court’s criticism and request that he recuse himself due to appearance of bias.
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Document the judge’s reasoning in bond and asylum decisions carefully. Appellate review is your remedy if decisions reflect the kind of victim-dismissing bias the state court identified.
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Coordinate with other Elizabeth and Newark court practitioners on formal complaints to the Office of the Chief Immigration Judge. Shusted is serving a two-year probationary period as a newly hired immigration judge.
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Brief clients in advance that their cases may be heard by a judge with documented bias concerns, and develop mitigation strategies for bond and credibility arguments.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. We are a software company, not a law firm. Consult a licensed immigration attorney in your jurisdiction for advice on your specific situation. Immigration policy and judicial appointments can change without notice. Verify all information against the primary source linked above and current EOIR procedures.