Defense Secretary Pete Hegseth has authorized the temporary deployment of up to 600 military lawyers to assist the Department of Justice by serving as immigration judges. According to an August 27 memo obtained by the Associated Press, the plan involves sending groups of 150 attorneys at a time, both military and civilian, with the first group to be selected and deployed imminently.
This decision aligns with the Trump administration’s broader use of military resources in its immigration crackdown. The military is already involved in various roles, including patrolling the U.S.-Mexico border, supporting immigration enforcement in cities, and using bases and aircraft for deportation operations. The deployment of lawyers aims to alleviate pressure on an immigration court system overwhelmed by a backlog of around 3.5 million cases.
The Justice Department made the formal request for help from the Pentagon. The memo notes that military attorneys may serve for up to 179 days, with the possibility of extension. However, this move has drawn significant criticism from immigration advocates and legal experts concerned about due process and legal qualifications.
Over 100 immigration judges have recently left their positions due to dismissals or resignations. With only about 600 judges remaining, the deployment would effectively double the current workforce. Critics argue that using military lawyers with little to no immigration law experience could lead to unfair rulings and undermine the judicial process.
Ben Johnson, head of the American Immigration Lawyers Association, criticized the move, comparing it to assigning a cardiologist to perform orthopedic surgery. Former supervising judge Jennifer Peyton also questioned whether military attorneys could handle the heavy caseloads and complex legal issues typical of immigration courts.
There are also legal concerns regarding the Posse Comitatus Act, which restricts military involvement in domestic law enforcement. Officials have not clarified how this large-scale reassignment might impact the military justice system or where the attorneys would be sourced from.
