The Trump administration is planning to deploy up to 600 military lawyers to serve as temporary immigration judges, as part of efforts to speed up mass deportations. Defence Secretary Pete Hegseth has approved the move, according to a memo dated 27 August, with groups of 150 attorneys to be sent 'as soon as practicable'.
The initiative comes after more than 100 immigration judges were fired or forced out since President Trump took office. Immigration courts are currently grappling with a backlog of over 3.7 million cases, including asylum claims and deportation hearings. Unlike federal courts, immigration courts operate under the Justice Department, and a new rule allows Attorney General Pam Bondi to appoint any attorney as a temporary judge for up to six months, renewable, without requiring immigration law experience.
Chief Pentagon spokesman Sean Parnell said the Department is 'identifying qualified' military and civilian attorneys to 'augment existing resources' and help 'deliver justice, restore order, and protect the American people'. However, critics argue that the move undermines due process. Ben Johnson of the American Immigration Lawyers Association called it 'as much sense as having a cardiologist do a hip replacement', noting that immigration law is 'exceptionally complex'.
The American Immigration Council’s senior fellow, Aaron Reichlin-Melnick, warned that while military lawyers have served as immigration judges before, 'the command pressure to deny will undoubtedly be enormous'. He also pointed out logistical challenges, saying there are not enough courtrooms to 'suddenly add hundreds of new judges'. The previous requirement for temporary judges was at least ten years of immigration law experience, which has now been waived.
