SAN DIEGO — The Trump administration's decision to recruit lawyers from the National Guard and Army Reserve as temporary immigration judges has stirred considerable controversy. This strategy follows the dismissal of dozens of existing judges and is seen as part of a broader initiative to expedite immigration case resolutions amidst significant backlogs in U.S. immigration courts.
Training for the first group of Army lawyers is set to begin this Monday, with an expectation of roughly 100 lawyers participating. Advocates for immigrants caution that tapping military lawyers for these critical roles may jeopardize the integrity of both the immigration court system and military justice.
Advocates fear the potential misuse of legal processes as the administration aims to streamline decisions concerning immigrants' residency, especially as the number of cases awaiting hearings has surged to 3.4 million. The influx of military personnel into the judiciary is concerning given their relative inexperience in immigration matters.
With reports of the administration’s increasing reliance on military personnel to bolster staffing in immigration courts, experts raise alarms over the qualifications of these new appointees. Both the Army and National Guard express intentions to fill these roles with volunteers, yet critics argue that minimal immigration law training will hinder their ability to adjudicate vital immigration cases effectively.
Experts like Margaret Stock, a retired Army officer and immigration attorney, warn that the qualifications required for these roles have been lowered, permitting military lawyers without substantial legal backgrounds in immigration to assume immensely impactful positions.
Democratic senators are questioning the legality of this recruitment strategy, suggesting that the integration of military lawyers in civilian courts may violate the Posse Comitatus Act, a law that prohibits using military personnel for domestic law enforcement.
As the debate continues, immigration advocates wonder how this strategy will ultimately shape the future of U.S. immigration law and the due process rights of immigrants.
