Pentagon Approves Deployment of Military Lawyers as Immigration Judges

🇺🇸 Washington, D.C. — The Pentagon has authorized the deployment of up to 600 military lawyers to serve as temporary immigration judges, according to an August 27 memo reviewed by the Associated Press. The move, requested by the Department of Justice (DOJ), aims to alleviate the mounting backlog in U.S. immigration courts, which currently exceeds 3.5 million cases.

Defense Secretary Pete Hegseth approved the plan, which will see groups of 150 attorneys—both military and civilian—assigned to the DOJ “as soon as practicable.” Their initial terms will last up to 179 days, with the possibility of renewal.

The DOJ’s Executive Office for Immigration Review (EOIR) has faced staffing challenges in recent years, with over 100 immigration judges reportedly dismissed or having resigned. The addition of military lawyers could effectively double the current number of immigration judges, which stands at approximately 600.

Critics have raised concerns about the qualifications of military attorneys in handling complex immigration cases, citing potential risks to due process. Nonetheless, the administration maintains that the initiative is a necessary step to address the court system’s strain and expedite case resolutions.

The Pentagon emphasized that any deployment will comply with legal constraints, including the Posse Comitatus Act, which limits the use of military personnel in domestic law enforcement roles.