600 Military Lawyers Now to Serve as Temporary Immigration Judges

In a significant move to address the escalating backlog of immigration cases, Defense Secretary Pete Hegseth has approved the deployment of up to 600 military lawyers to serve as temporary immigration judges.

This decision comes as the Trump administration intensifies its efforts to curb illegal immigration through a variety of enforcement measures, reflecting a broader trend of militarizing immigration enforcement in the United States.

According to a memo reviewed by the Associated Press, the military will begin deploying groups of 150 attorneys—comprising both military and civilian personnel—to the Justice Department “as soon as practicable.”

The first group is expected to be identified by next week.

This mobilization is intended to alleviate the burden on immigration courts, which are currently grappling with approximately 3.5 million pending cases, a figure that has ballooned in recent years due to various factors, including policy changes and the COVID-19 pandemic.

The decision to utilize military lawyers comes amid ongoing debates about the effectiveness and fairness of the U.S. immigration system.

With the courts overwhelmed, this new approach aims to expedite the processing of cases, although it has raised significant concerns about the qualifications and training of those who will be serving in judicial roles.

The deployment of military attorneys reflects a broader trend of utilizing military resources in domestic immigration enforcement.

This includes National Guard troops patrolling the U.S.-Mexico border, assisting local law enforcement agencies, and providing logistical support for immigration enforcement operations.

Additionally, individuals awaiting deportation have been housed on military bases, further integrating the military into immigration-related activities.

Critics argue that this military involvement undermines the integrity of the immigration court system, which is intended to operate independently of law enforcement.

The use of military personnel as judges raises questions about the potential for bias and the ability to fairly adjudicate cases involving vulnerable populations.

Concerns from Legal Experts

The American Immigration Lawyers Association (AILA) has strongly criticized the decision to appoint military lawyers as judges, emphasizing that many lack the specialized training required for immigration law.

Ben Johnson, the organization’s executive director, likened the situation to expecting a cardiologist to perform hip replacements, arguing that such appointments threaten due process.

Johnson expressed concerns that military personnel, who may have experience in military law, are not equipped to handle the complexities of immigration cases, which often involve nuanced legal principles and the potential for life-altering consequences for individuals involved.

“Expecting fair decisions from judges unfamiliar with the law is absurd,” he stated, emphasizing that this reckless move could further undermine the integrity of the immigration court system.

The move to incorporate military lawyers comes at a time when over 100 immigration judges have been let go or have resigned under pressure from the Trump administration.

Many judges took deferred resignations offered by the administration, which has led to a significant reduction in the number of available judges.

With only about 600 judges remaining, the inclusion of military personnel could potentially double their ranks, although concerns remain about the qualifications and effectiveness of these temporary judges.

This staffing crisis has exacerbated the existing backlog of cases, leading to longer wait times for asylum seekers and other individuals seeking legal status.

The consequences of this backlog are profound, affecting not only the individuals involved but also the overall efficiency and credibility of the immigration system.

Federal Oversight and Legal Compliance

The Defense Department has emphasized that the deployment of military attorneys will comply with the Posse Comitatus Act, which prohibits the military from being used for domestic law enforcement.

The Justice Department will oversee the process to ensure all legal guidelines are followed, but the effectiveness of this oversight remains to be seen.

The administration’s push to utilize military lawyers comes on the heels of a court ruling that found it had “willfully” violated federal law by deploying National Guard troops in Los Angeles for immigration enforcement.

This ruling has added a layer of complexity to the Pentagon’s current plans, as officials must navigate legal restrictions while addressing urgent staffing needs in immigration courts.

Calls for Comprehensive Solutions

While the administration seeks immediate solutions to the immigration backlog, experts argue that simply adding temporary judges will not suffice.

Former immigration judges have pointed out the need for comprehensive reform and additional administrative resources, including translators, to support an effective adjudication process.

The lack of support staff can hinder the ability of judges to make informed decisions, as many cases require translations and understanding of cultural contexts.

Jennifer Peyton, a former supervising judge who administered intensive training for immigration judges before her abrupt firing in July, expressed skepticism about the effectiveness of military attorneys handling immigration cases.

“Six months is barely enough time to start to figure out the firehose of information and training,” she noted, highlighting the steep learning curve involved in mastering immigration law.

Additionally, Peyton raised concerns about the lack of administrative workers to assist judges, emphasizing that the stakes are often life or death for individuals coming before the new judges.

Without adequate support, the ability to render just and fair decisions may be compromised.

As the Trump administration ramps up its immigration enforcement efforts, the deployment of military lawyers as temporary judges raises significant questions about the future of the U.S. immigration system.

Legal experts and advocates are calling for a more thoughtful approach that prioritizes due process and the well-being of those navigating the complex immigration landscape.

The decision to tap military lawyers for judicial roles underscores the administration’s urgent focus on addressing immigration issues, but it also highlights the ongoing challenges and criticisms surrounding the approach.

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