The Trump administration has authorized up to 600 military lawyers to serve as temporary immigration judges. This measure aims to address the massive backlog of cases in the nation’s immigration courts.
Immigration courts are already dealing with an enormous backlog of approximately 3.5 million cases, which has grown in recent years.
Defense Secretary Pete Hegseth has approved the deployment of up to 600 military lawyers to the Department of Justice to serve as temporary immigration judges, according to a memo reviewed by The Associated Press.
Below, we explain the key points of this decision:
Why Was This Measure Taken?
The primary goal is to speed up the processing of the enormous backlog of pending immigration cases, which currently stands at approximately 3.5 million. By doubling the number of immigration judges, currently around 600, the administration hopes to expedite hearings and decisions on asylum and deportation cases.
Implementation Details
- Who will they be? They will be both active-duty military lawyers and civilians working for the armed forces.
- How will it work? They will be assigned to the Department of Justice in groups of 150.
- How long? The initial assignment will be for up to 179 days, with the possibility of renewal.
Context and Controversies
This measure has sparked debate. While the stated intention is to improve the system’s efficiency, some legal experts have expressed doubts about the legality and suitability of military personnel performing judicial functions in the civil realm.
Lawyers from the Judge Advocate General’s Corps (JAG) have experience in military law, which is a legal system distinct from immigration law, known for its high complexity. The measure represents an unusual use of Department of Defense resources to address a crisis in the civil judicial system.
This gives judicial authorities the ability to select immigration judges from a broader pool of qualified candidates. Thanks to this change, military lawyers are now eligible.
