SAN DIEGO (AP) — The Trump administration is seeking to alleviate the overwhelming burden on immigration courts by appointing National Guard and Army Reserve lawyers as temporary immigration judges. This decision follows the dismissal of numerous existing judges, which has raised concerns among experts regarding the potential impact on the immigration courts and military justice system.
The first group of Army lawyers is set to begin training this Monday, with a second group scheduled to start in the spring. An estimated 100 Army Reserve attorneys are anticipated to take on these temporary roles, which will last nearly six months post-training. According to an email dated September 3rd, 50 of these attorneys are to begin their assignments immediately after their training concludes.
The administration's goal is to recruit up to 600 military-trained attorneys to assist in determining which immigrants can remain in the country as President Trump intensifies efforts to enforce immigration laws. This initiative raises alarms among advocates, especially given the current backlogs in immigration courts, where the number of pending cases has surged to 3.4 million over the past four years.
With this unprecedented move, the Trump administration heavily relies on the military to bolster its immigration policies, which have included utilizing troops to patrol the U.S.-Mexico border and deploying National Guard members to support local immigration enforcement operations.
Challenges Ahead
Military lawyers, also known as judge advocates general (JAG), will be expected to familiarize themselves with aspects of immigration law, a field described as highly complex and technical. Concerns abound regarding their levels of preparedness and experience, especially considering the rapid pace at which they will need to adapt to adjudicating immigration cases.
Immigration judges play a critical role in managing various cases that affect the futures of countless immigrant families. Critics warn that appointing military lawyers with insufficient immigration law training could exacerbate existing problems within the immigration court system, as these officers may struggle to navigate the intricate legal landscape of immigration law.
In the past, the criteria for temporary judges included significant experience in immigration law. However, this recent shift indicates a departure from such requirements, leading experts to caution that the Trump administration's approach might not only degrade the quality of judicial decisions but also undermine the rights of those seeking refuge or residency in the United States.
