The Trump administration has approved up to 600 military and civilian lawyers from the Defense Department to temporarily serve as immigration judges, marking a new step in its reliance on the military for domestic enforcement. Officials say the move is aimed at addressing a backlog of cases, though critics warn of legal and practical challenges.
Expanding the Use of Military Lawyers
The administration’s decision represents its latest effort to involve the military in immigration enforcement. Defense Department attorneys, typically tasked with handling matters of military justice, will now preside over immigration cases in civilian courts. The temporary assignment is expected to last 179 days, with lawyers required to volunteer for the role.
Officials indicated that hundreds of attorneys could be needed to fill the posts, a significant infusion of personnel into a system already strained by years of case backlogs. By moving military lawyers into immigration courts, the administration hopes to reduce delays that have left tens of thousands of migrants waiting for hearings.
Immigration Crackdown as a Political Priority
Since taking office, President Trump has made immigration enforcement a key part of his domestic policy agenda. Deploying active-duty troops to the border and expanding detention operations have been highlighted as successes in reducing unauthorized crossings. Using Pentagon lawyers builds on that approach, showing the administration’s dependence on military resources for civilian matters.
The effort to speed up immigration hearings comes as Trump places immigration at the top of his 2024 re-election strategy. Administration officials have repeatedly stated that stricter enforcement, faster removals, and tougher court oversight are necessary to keep what they describe as “control” over the border.
Questions Over Training and Legal Expertise
Despite the administration’s claims, concerns remain about whether Defense Department lawyers are ready to act as immigration judges. Military attorneys are trained under the Uniform Code of Military Justice, which follows different procedures and standards from immigration law. Even with extra training, adjusting to immigration hearings presents significant challenges.
Observers noted that immigration law is a highly specialized field. It requires knowledge of both domestic laws and international human rights obligations. Assigning military lawyers who lack extensive training could lead to inconsistent rulings and errors in cases that have life-changing effects for migrants and their families.
Broader Pattern of Military Involvement
This isn’t the first time the Trump administration has called on the Defense Department to support civilian enforcement. Recently, Pentagon staff have been assigned to the U.S. Attorney’s Office in Washington to help with prosecuting federal cases. Defense Secretary Pete Hegseth has also reshuffled the leadership of the military’s legal corps, demonstrating his intention to align military justice with administration priorities.
The choice to place military lawyers in immigration courts reflects a broader trend of using defense resources to achieve domestic policy goals. Critics argue that these actions blur the lines between civilian governance and military roles, raising concerns about the militarization of the justice system.
A Look Ahead
The temporary assignments are set to start within weeks. Volunteers will be chosen from the group of Defense Department attorneys. While the administration presents this move as a way to address case backlogs, legal experts expect challenges to these appointments. They cite both constitutional issues and the lack of specialized training among military lawyers.
The outcome will determine whether the Pentagon’s role in civilian enforcement expands further or faces limits in the courts. For immigrant families waiting in the system, the experiment underscores the administration’s willingness to use unconventional means to pursue its immigration agenda.
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Resources:
- https://www.reuters.com/legal/government/us-military-lawyers-serve-temporary-immigration-judges-2025-09-03/
- https://apnews.com/article/pentagon-immigration-judges-trump-pete-hegseth-b07950833591270b926ad86ede8b961f
- https://www.theguardian.com/us-news/2025/sep/02/hegseth-trump-immigration-pentagon-lawyers
- https://www.militarytimes.com/news/pentagon-congress/2025/09/02/military-lawyers-authorized-to-serve-as-temporary-immigration-judges/
- https://www.washingtonpost.com/national-security/2025/09/02/hegseth-600-jag-immigration-judges/
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