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

A new DOJ rule allowing “any lawyer” to serve temporarily opened the door to the Pentagon detail.

Overview

  • An Aug. 27 memo authorized groups of 150 Defense Department attorneys to be sent to the Justice Department “as soon as practicable,” with the first round to be identified next week.
  • Assignments are limited initially to 179 days with the option to renew, and the transfers were requested by the Justice Department as the Pentagon screens Judge Advocates and civilian lawyers.
  • Immigration courts face a backlog reported between roughly 3.4 million and 3.7 million cases, and recent firings and departures have left about 600 judges nationwide.
  • The plan could roughly double the bench, though the memo says deployments depend on availability and may require mobilizing reservists.
  • Critics, including immigration-law groups and former JAGs, warn of Posse Comitatus issues, inadequate immigration-law expertise, due-process risks, and logistical hurdles such as training and courtroom capacity.