Washington, D.C. — In a sweeping move to address the burgeoning immigration court backlog, the U.S. Department of Defense will begin assigning military and civilian lawyers to serve as temporary immigration judges. The initiative, announced on September 3, 2025, is part of the Trump administration’s broader strategy of expanding military involvement in domestic policy and legal systems.
Key Highlights
- Review Panel Expansion:
Defense Secretary Pete Hegseth has authorized the deployment of up to 600 military lawyers, with initial groups of 150 attorneys—both military and civilian—set to begin serving as immigration judges “as soon as practicable.” These assignments are scheduled to run for up to 179 days, with potential extensions. - Aiming to Double Judicial Capacity:
With more than 100 immigration judges recently dismissed or resigned, the immigration court system has been severely strained. At approximately 600 current judges, this influx could potentially double the number of adjudicators, aiming to clear a daunting backlog of some 3.5 million cases. - Training Gaps and Due-Process Concerns:
Critics—including the American Immigration Lawyers Association—warn that military lawyers lack the specialized training necessary for complex immigration proceedings. As one observer bluntly stated, the arrangement amounts to “having a cardiologist do a hip replacement.” Concerns center on fairness, due process, and the integrity of immigration adjudications. - Ongoing Trend in Military Deployment:
This measure follows recent deployments of military attorneys to assist prosecutorial offices in Washington, D.C., and reflects a continuing trend of relying on military assets to support domestic policy priorities.
Why This Matters for Attorneys and Courts
- Practical Impact:
The infusion of military lawyers may bring much-needed manpower, but legal professionals—and courthouses—must grapple with whether these temporary judges can uphold the standard of deliberation immigration cases demand. - Policy Implications:
This marks an unprecedented use of military legal personnel in civilian courts, prompting broader questions about civil-military boundaries and judicial independence.
- Law firms, practitioners, and policymakers alike should monitor this closely. The effectiveness of this initiative may influence future staffing models, training requirements, and the evolution of immigration adjudication frameworks.
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