Senate Democrats have raised sharp concerns over a Pentagon plan to assign hundreds of military lawyers as temporary immigration judges. Lawmakers warn the move could breach long-standing limits on military involvement in law enforcement and strain the military justice system at a critical moment of reform.
Senators Push Back on Pentagon Plan
A group of 12 Democratic senators on the Senate Armed Services Committee issued a letter Monday to the Pentagon’s top legal offices, voicing alarm at the proposal. The plan, approved by Defense Secretary Pete Hegseth, would send up to 600 uniformed lawyers from across the military branches to the Department of Justice for six-month stints as immigration judges.
The senators warned that assigning military officers to adjudicate immigration cases would cross a legal and ethical line. They pointed specifically to the Posse Comitatus Act, which restricts the military from carrying out domestic law enforcement duties except in extreme emergencies.
Immigration Courts Under Strain
The Pentagon’s plan is being advanced as part of the Trump administration’s intensified immigration enforcement efforts. The nation’s immigration courts are facing a backlog of roughly 3.5 million cases, according to the Justice Department.
Since President Donald Trump’s return to office, dozens of immigration judges have been dismissed. In contrast, others have resigned or accepted early retirement. Critics say the administration has sought to centralize decision-making under the Attorney General, who would oversee the temporary military judges.
The Pentagon’s internal memo acknowledged that the plan could pose conflicts with federal law. It directed the Justice Department to ensure that the military lawyers’ duties would not breach legal boundaries. Officials also noted that the temporary assignments should not extend beyond six months.
Risks to the Military Justice System
Lawmakers are particularly worried about the impact on the military’s own justice system. Congress recently overhauled military prosecutions with the creation of independent Offices of Special Trial Counsel (OSTCs), designed to handle serious offenses such as sexual assault and remove prosecutorial decisions from commanders.
These offices only began operating at the end of last year, and senators fear that losing hundreds of qualified attorneys to immigration courts would disrupt their progress.
The letter pressed the Pentagon for answers on how it plans to “preserve the OSTC’s progress in building specialized trial capacity” while meeting the administration’s demand for additional immigration judges. Lawmakers also asked what steps would be taken to avoid delays in military court-martials if trial counsels and defense attorneys are reassigned.
Broader Use of the Military in Immigration
The proposal follows a series of steps by the Trump administration to expand the military’s role in immigration enforcement. National Guard troops have been deployed to multiple U.S. cities, while active-duty soldiers continue to operate along the U.S.-Mexico border.
For many Democrats, the plan reflects what they describe as the administration’s tendency to treat skilled personnel as resources to be moved between agencies, without regard to the strain on their core missions.
“The Trump administration views military professionals as pawns to advance misguided immigration policies,” the senators wrote, underscoring their view that the Pentagon should resist such reassignments.
The Pentagon and White House have not yet responded publicly to the letter or indicated whether modifications will be made to the plan.
A Look Ahead
With immigration courts facing record caseloads and the Pentagon under pressure from the administration, the dispute highlights a growing tension between immigration enforcement goals and military legal obligations. Senate Democrats have signaled they intend to press for further oversight, warning that the proposal risks undermining both national security and the rule of law.
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