Overview

• A Pentagon memo dated Aug. 27 directs cohorts of 150 military and civilian attorneys to be detailed to the Justice Department “as soon as practicable,” with the first round to be identified by next week.
• Assignments will initially last up to 179 days with the option to renew, and the Justice Department requested the details to expand adjudication capacity.
• Union figures say roughly 600 immigration judges remain after recent firings and departures, so deploying up to 600 DoD attorneys would roughly double the bench.
• Immigration courts face an active backlog estimated between 3.5 million and 3.7 million cases, and the Pentagon says the attorneys will augment resources to preside over hearings.
• EOIR last week relaxed experience requirements to allow any lawyer to serve temporarily, drawing warnings from immigration groups and former JAGs about due process and potential Posse Comitatus issues.