(WASHINGTON, D.C.) The Pentagon has authorized up to 600 military lawyers from the Judge Advocate General Corps to serve as temporary immigration judges, answering a Justice Department request aimed at easing a court backlog that now exceeds 3.5 million cases. Defense Secretary Pete Hegseth signed the memo on August 27, 2025, and the first wave of about 150 attorneys—both military and civilian—is set to be identified and deployed in early September, with assignments capped at 179 days, renewable.
The move could effectively double the current bench of about 600 sitting immigration judges, after months of turmoil that included a wave of firings and resignations. The White House framed the action as a practical step to get cases moving, calling it a priority that people on all sides can support. The Department of Defense will identify eligible JAGs across the services, while the Department of Justice will place them in immigration courts overseen by its Executive Office for Immigration Review, known as EOIR.
Policy changes and implementation
The initiative follows a late August policy change under President Trump that loosened requirements for temporary immigration judges, opening the door for a broader pool of government lawyers — including those without deep immigration law backgrounds — to sit on the bench.
Key operational points:
– The services will send attorneys in waves of roughly 150.
– Reserve officers may be mobilized if needed.
– DOJ is responsible for ensuring the program complies with legal limits, including the Posse Comitatus Act, which bars the military from direct involvement in domestic law enforcement.
– DOJ/EOIR will place and oversee temporary judges in immigration courts nationwide.
Supporters say the court system is stuck with multi-year waits that harm families, employers, and asylum seekers. They argue military lawyers are trained, disciplined, and ready to serve in tough assignments on short notice. An analysis by VisaVerge.com says short-term appointments could increase daily hearing capacity quickly, especially in courts that lost judges this summer.
Critics counter that the plan risks due process and fairness because many appointees lack immigration-specific experience. They warn of mistakes that could lead to wrongful removals or denials of relief and foresee lawsuits challenging the move.
Reactions, legal questions, and training
Officials say training will be expedited because most JAGs do not practice immigration law. DOJ will provide rapid instruction covering:
– asylum standards
– cancellation of removal
– bond decisions
– court procedure
The plan envisions a short ramp-up, with the first detachments starting to hear cases within weeks. Oversight will rest with DOJ and EOIR. For official materials and court resources, see DOJ’s Executive Office for Immigration Review.
Major legal and practical concerns:
– Due process risks: Immigration law is complex; short-term judges under docket pressure may rush hearings or misapply relief rules.
– Language access and trauma-informed adjudication: Courts routinely handle interpreters and sensitive humanitarian claims; these require careful handling.
– Posse Comitatus and separation concerns: DOJ argues the program fits the law because immigration courts are civil and the judges operate within DOJ’s civil process. Critics say the optics and potential pressure on uniformed attorneys raise constitutional questions.
– Litigation risk: Legal scholars and former JAGs predict lawsuits challenging both the appointments and individual rulings.
“Even seasoned adjudicators need careful training and time,” former military attorneys note, emphasizing the high stakes involved in immigration decisions.
Practical effects on dockets and stakeholders
How quickly and where the surge helps will vary:
– Courts with heavy turnover are likely to receive more temporary judges first.
– If temporary judges concentrate on detained dockets, hearing times could fall quickly.
– If they are spread across non-detained cases, relief may broader but less immediately visible.
Immediate impacts for people with pending cases:
– Earlier hearing dates or rescheduled master calendar sessions are possible.
– Attorneys will monitor temporary judges’ handling of interpreter needs, evidence deadlines, continuance requests, and situations where new counsel is required.
– Parents seeking protection, workers seeking relief renewals, and long-time residents aiming for cancellation will seek consistent, fair handling in every courtroom.
Employers, border communities, detained migrants, and families separated across states are among those most affected by long delays. The administration argues that faster decisions reduce uncertainty and benefit everyone.
Key details (agency and stakeholder summary)
| Item | Detail |
|---|---|
| Authorization date | August 27, 2025 |
| Initial deployment | Early September, about 150 attorneys |
| Total ceiling | Up to 600 JAGs |
| Assignment length | 179 days, renewable |
| Policy shift | Wider eligibility for temporary immigration judges under late August rules |
Stakeholder positions
Supporters:
– Emphasize JAGs’ experience with courts-martial, complex investigations, and administrative hearings.
– Argue JAGs can adapt with the right training and supervision to alleviate backlog quickly.
Opponents:
– Immigration Judges’ Union highlights more than 100 judges fired or resigned in 2025, citing loss of experience.
– American Immigration Lawyers Association calls the plan “reckless,” saying immigration matters are high-stakes and fast-changing, not easily learned in a short course.
– Legal observers urge Congressional oversight and sustained hiring, warning quick fixes won’t replace career judges.
Oversight, compliance, and next steps
DOJ will monitor compliance with the Posse Comitatus Act and other legal constraints. Officials maintain that because immigration courts are civil and the temporary judges operate within DOJ/EOIR, the program fits within legal boundaries. Nonetheless, constitutional and separation concerns remain salient for critics.
The administration is also considering hiring more civilian immigration judges and other measures to reduce the backlog. Whether the military surge becomes a bridge to longer-term staffing or a broader shift in court operations will depend on:
1. outcomes in the first months,
2. any court rulings,
3. congressional actions that may follow.
For now, the Pentagon and DOJ are proceeding, betting that additional hands on the bench can begin to chip away at a crisis years in the making.
This Article in a Nutshell
The Pentagon has authorized up to 600 JAG attorneys to serve as temporary immigration judges to help clear a backlog exceeding 3.5 million cases. Defense Secretary Pete Hegseth signed the authorization on August 27, 2025, and the first wave of roughly 150 military and civilian attorneys is scheduled for early September. Assignments last 179 days and are renewable. The Department of Justice and EOIR will train, place, and supervise temporary judges, providing expedited instruction on asylum, cancellation of removal, bond decisions, and procedure. Supporters say the surge can quickly increase hearing capacity—especially for detained dockets—while critics warn of due process risks, language-access challenges, and legal challenges given many appointees lack immigration-specific experience. DOJ argues the measure complies with legal limits like the Posse Comitatus Act because immigration courts are civil. The initiative’s success will depend on initial performance, oversight, potential litigation, and whether it complements sustained civilian hiring to reduce the backlog long-term.
