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Pentagon Approves Detailing Up to 600 Military Lawyers as Temporary Immigration Judges

The Justice Department requested the details after easing rules to let any attorney serve temporarily.

Overview

  • An Aug. 27 Pentagon memo authorizes cohorts of 150 military and civilian attorneys to be sent to the Justice Department as soon as practicable, with the first group to be identified next week and terms up to 179 days that can be renewed.
  • The details are intended to help address an immigration court backlog reported between roughly 3.5 million and 3.7 million cases at DOJ’s request.
  • Union figures show about 600 immigration judges currently on the bench, so the Pentagon plan could roughly double the number of judges.
  • EOIR changed its guidance last week to permit any attorney to serve as a temporary immigration judge, removing prior immigration-law experience requirements.
  • Former JAG leaders, policy analysts and the judges’ union caution that the plan risks due-process problems, command pressure, and logistical hurdles such as limited courtrooms and training.