SAN DIEGO (AP) — In an unprecedented measure, the Trump administration is enlisting lawyers from the National Guard and Army Reserve to serve as temporary immigration judges. This decision comes after a significant number of existing judges were dismissed, sparking concerns over the impact on the immigration judicial system and military justice.
Training for the first group of Army lawyers is set to begin shortly, with up to 600 military-trained attorneys possibly being appointed to make determinations regarding immigrants’ residency in the U.S. This decision aims to address the overwhelming backlog of cases in immigration courts, which has more than doubled to 3.4 million pending cases over the last four years.
While the government argues that this move is necessary to expedite the adjudication process, many advocates and experts are alarmed. They fear that military lawyers, who often lack extensive training in immigration law, may contribute to unfair outcomes and exacerbate the already critical backlog of cases.
Both the Army and the National Guard indicated they prefer to fill these roles with volunteers. However, upon reviewing the proposal, experts pointed out that judges typically possess a wealth of experience in administrative and immigration law — requirements that do not seem to apply to the newly assigned military lawyers, leading to a potential compromise in judicial integrity.
Concerns extend to the qualifications of these temporary judges, as the assignment could undermine the due process protections for immigrants. Historically, immigration judges have needed a minimum of ten years' legal experience in similar fields before assuming their roles. By contrast, participants in this program may receive minimal relevant training, intensifying fears over their ability to fairly adjudicate intricate immigration cases.
As this plan rolls forward, it raises significant legal questions. Some Democratic lawmakers are questioning whether the initiative violates the Posse Comitatus Act, which prohibits military involvement in law enforcement activities. Legal clarity on the operational structures governing these appointments is yet to be established, leading to increased scrutiny from both politicians and immigrant rights advocates.
Overall, this unprecedented shift toward utilizing military legal personnel for immigration judgments is a complex issue that evokes concerns about judicial fairness, immigrant rights, and the role of the military in domestic law enforcement.
