SAN DIEGO (AP) — The Trump administration is engaging National Guard and Army Reserve lawyers as temporary immigration judges following the dismissal of numerous existing judges, a strategy that experts warn could jeopardize both immigration courts and the military justice system.
Training for the first cohort of Army lawyers is scheduled to commence this Monday, with a second group expected to start their training in the spring. An estimated 100 Army Reserve lawyers will participate, with 50 moving on to nearly six-month assignments soon after completing their training.
The administration aims to supplement the immigration court staff with as many as 600 military-trained attorneys to make decisions regarding the status of immigrants in the U.S. Advocates have expressed grave concerns regarding this strategy as the backlog in immigration courts continues to mount, alongside increasing immigration arrests by the Trump administration.
Currently, immigration courts face extensive delays, with pending cases having more than doubled in four years, resulting in approximately 3.4 million awaiting hearings.
Both the Army and National Guard are optimistic about sourcing these assignments from volunteers among their members.
A recent communication sent to active-duty and reserve National Guard members sought volunteers with legal expertise in administrative or immigration law, emphasizing the importance of sound judgment and impartiality for these roles.
The administration has increasingly turned to military resources for support throughout its crackdown on illegal immigration, utilizing troops for patrolling the U.S.-Mexico border, among other enforcement activities.
Raising Concerns Over Competency
Critics argue that temporary judges, particularly those with limited immigration law experience, may compromise the quality of legal proceedings in these high-stakes cases. The previously established requirement that candidates have significant immigration law experience before being appointed has been a concern for many in the legal community.
Experts warn that hastily trained temporary judges may perpetuate delays and lead to appeals, further exacerbating an already overloaded system. Critics, including immigration lawyers and advocates, argue that the administration's decision to utilize military lawyers for this essential role poses a substantial risk to due process and the integrity of immigration adjudications.
Potential Legal and Ethical Issues
Democratic senators have questioned the legality of this initiative, particularly its compliance with the Posse Comitatus Act, which restricts the use of military personnel for civilian law enforcement. Concerns remain regarding the potential impacts on military justice systems if reservists are diverted from their core duties.
Although some argue that the military lawyers will maintain impartiality, enhancing their skillsets to respond to complex immigration law matters is fraught with challenges. As noted by various experts, the field of immigration law is highly technical and prone to rapid changes, demanding comprehensive understanding and experience.
As the situation develops, the legal community and advocates will be monitoring the developments closely to assess the implications for both immigrants and the justice systems involved.
