In a surprising move to address a critical shortage, the Trump administration is appointing National Guard and Army Reserve lawyers as temporary immigration judges. This decision comes as the number of pending immigration cases has surged to an unprecedented 3.4 million, highlighting the urgent need for more judicial leaders.
Starting Monday, the Army's training for the new judges will commence, with up to 600 military attorneys expected to step in. Advocates, however, are voicing serious concerns about the qualifications of these lawyers, given their limited experience in immigration law. Since the termination of existing judges, around 100 Army Reserve lawyers are set to begin six-month assignments.
The repercussions of this decision may be significant, with critics arguing that the lack of training could impair not only the immigration courts but also the integrity of military justice. Some military lawyers who have volunteered emphasize their desire to serve the community, but many fear that without proper legal backgrounds, this initiative could lead to more appeals and an even larger backlog of cases.
The approach has also drawn scrutiny from legal experts and Democratic senators who suggest that such use of military resources could conflict with the Posse Comitatus Act, which restricts military-involved law enforcement duties. While the Pentagon claims this action is a temporary measure, the overall impact of enlisted lawyers on immigration and military law remains to be seen.
As the administration pushes forward with its immigration priorities, the appointment of military-trained lawyers ignites a debate on the balancing act between national security needs and the right to due process for immigrants.
