Key Points:
- Up to 600 JAG attorneys will serve temporarily as immigration judges.
- Initial term lasts up to 179 days, potentially renewable.
- Intended to fill gaps caused by a mass exit of immigration judges.
WASHINGTON : In an unprecedented move to address a mounting backlog of immigration cases, the Pentagon has approved the assignment of up to 600 military lawyers to serve as temporary immigration judges, according to a memo reviewed by The Associated Press and confirmed by Defence Secretary Pete Hegseth.
Groups of 150 attorneys, drawn from both military and civilian ranks, will be dispatched in phases “as soon as practicable.” Each appointment is slated to last up to 179 days and may be extended based on judicial needs. The Justice Department initiated the request to alleviate pressure on overburdened immigration courts.
The Context: A Court System in Crisis
According to the AP News, the initiative comes amid a struggle to manage a backlog of approximately 3.5 million cases, intensified after the recent dismissal or resignation of more than 100 immigration judges. This has effectively halved the available judicial workforce.
Legal experts and advocacy groups have voiced strong concerns. Jennifer Peyton, a former supervising immigration judge in Chicago, highlighted the complex and technical nature of immigration law, training she says cannot be easily replicated, even in six months, AP said. The American Immigration Lawyers Association (AILA) called the plan “destructive,” arguing that assigning untrained military lawyers to make life-and-death decisions undermines due process, the American newswire reported. AILA Director Ben Johnson sharply criticised the move: “It makes as much sense as having a cardiologist do a hip replacement,” according to the AILA website, aila.org
Legal and Institutional Implications
The assignment may require mobilising reserve officers to meet demands for legal personnel. Pentagon officials confirmed that the Justice Department must ensure compliance with the Posse Comitatus Act, which restricts military involvement in domestic law enforcement, according to The Washington Post.
