SAN DIEGO (AP) — The Trump administration is using National Guard and Army Reserve lawyers as temporary immigration judges, a decision that comes after numerous existing judges were dismissed. Experts warn this could further destabilize both immigration courts and military justice systems.
The first group of Army lawyers is starting training next week, while around 100 Army Reserve lawyers are expected to volunteer for these positions. The administration aims to recruit as many as 600 military attorneys to help address the severe backlog of cases, which currently exceeds 3.4 million.
As President Trump intensifies immigration enforcement, the administration's reliance on military lawyers raises alarms among advocacy groups concerned about the adequacy of training these temporary judges will receive. Many immigration courts are already grappling with years of wait times for hearings, and there's anxiety that military personnel will not possess the necessary legal expertise required to effectively adjudicate complex immigration cases.
Critics argue that appointing military lawyers—some without prior experience in immigration law—could lead to mishandled cases. Current immigration judges are expected to have substantial backgrounds in law, often necessitating years of experience before assuming their roles. The new approach to bolstering the judiciary is perceived as a short-sighted measure that risks deepening the existing crisis within the immigration system.
Moreover, within the military community and among legal experts, there are concerns about the long-term implications of this strategy on judicial integrity and due process protections. Some lawmakers have raised legal questions regarding the compatibility of military roles in civilian law cases, namely considering the constraints of the Posse Comitatus Act, which restricts military involvement in law enforcement.
The Pentagon has noted that they expect these military lawyers to operate in an impartial capacity, yet advocates worry that these appointments could prioritize efficiency over justice, particularly in a political environment marked by calls for stricter immigration policies.
As the program rolls out, the implications of integrating military personnel into the immigration judiciary will be closely scrutinized by both legal professionals and immigration advocates alike.
