Military Lawyers Become Judges
The Pentagon has authorized up to 600 military lawyers to serve as temporary immigration judges. Defense Secretary Pete Hegseth signed the order on August 27. The move doubles the number of immigration judges now on the bench. The Justice Department requested the help, citing a massive backlog of 3.5 million cases.
The plan begins with 150 military and civilian lawyers. They will rotate into immigration courts “as soon as practicable.” Their first assignments could come within weeks. Service branches have been told to identify candidates by next week. Each appointment lasts up to 179 days, with the option to extend.
Trump Administration Turns to Military
The Trump administration has steadily expanded military roles in immigration enforcement. Troops already patrol the U.S.-Mexico border. National Guard members assist local law enforcement in major cities. Migrants awaiting deportation are housed on military bases. Military planes carry out deportation flights.
This latest order adds another dimension. Military lawyers will now sit in judgment of immigrants facing deportation. Critics argue the step undermines due process and damages the integrity of immigration courts. Supporters claim it is necessary to reduce the crushing backlog.
Judges Fired, Court System Under Strain
The immigration court system is in turmoil. Over 100 judges have either been fired or resigned in recent months. The judges’ union says many removals were without cause. Seventeen judges were terminated in July alone.
That left about 600 judges in place. The Pentagon order doubles their number overnight, but not with trained specialists. Military lawyers, known as judge advocates, typically handle courts-martial, prosecutions, defense work, and legal advice. Few have immigration law expertise.
Former supervising judge Jennifer Peyton oversaw new judge training in Chicago. She said new judges go through weeks of training, then spend two years on probation with a mentor. She doubts military lawyers will master immigration law in six months.
“Six months is barely enough time to grasp the basics,” Peyton said. “The caseloads are overwhelming. Hundreds, sometimes thousands, of cases per judge. The risks are life or death.”
Legal and Political Questions
The Pentagon memo noted that sending lawyers depends on availability. Some reserve officers may be mobilized. The Justice Department must ensure the plan does not violate the Posse Comitatus Act, which bars military involvement in domestic law enforcement.
White House officials defend the move. They say the backlog requires immediate action. A senior aide said, “This must be a national priority. Everyone — including those waiting for adjudication — should support it.”
Not everyone agrees. Ben Johnson, executive director of the American Immigration Lawyers Association, called the plan reckless. “It makes as much sense as asking a cardiologist to do a hip replacement,” he said. “Fair decisions require expertise. Without it, due process is gutted.”
Concerns Over Motives and Impact
Critics argue the administration seeks to weaken immigration courts, not fix them. Peyton said the move ignores the need for translators and administrative staff. “Judges can’t decide cases without proper support,” she said. “This looks intentional.”
The decision also raises questions for the military. The Pentagon has not said where the lawyers will come from. Pulling hundreds from active duty could strain military justice. Judge advocates are vital to courts-martial and other legal proceedings in the armed forces.
A court ruling earlier this week added another complication. A federal judge found the administration “willfully” broke the law by deploying National Guard troops to Los Angeles in June. That setback may fuel new legal challenges to the Pentagon plan.
A System Under Pressure
The U.S. immigration system is at a breaking point. The courts face millions of pending cases. Judges work with limited staff and resources. Recent firings and resignations have deepened the crisis.
The administration insists military lawyers can provide short-term relief. Immigration advocates say the opposite — that it risks chaos and injustice. For many migrants, the stakes are deportation to danger or a chance at safety.
Peyton put it bluntly. “None of it makes sense unless you want to weaken the courts.”
The first wave of military lawyers will soon arrive in immigration courts. Whether they ease the crisis or inflame it remains to be seen.
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