WASHINGTON — A group of Democratic senators has expressed significant concerns regarding a recent Pentagon initiative allowing military lawyers to temporarily serve as immigration judges. They argue that this move could breach longstanding prohibitions against utilizing military personnel for law enforcement duties, potentially undermining the military’s judicial framework.
The letter to military service branches, shared with the press, was dispatched shortly after Defense Secretary Pete Hegseth sanctioned the deployment of up to 600 military attorneys to the Justice Department. This initiative aligns with broader immigration enforcement strategies pursued by the Trump administration, which has seen the National Guard deployed in urban areas and active-duty troops sent to the U.S.-Mexico border.
Senators on the Armed Services Committee contend that these military lawyers, operating under the direction of the Attorney General, would be engaged in law enforcement activities that are prohibited under the Posse Comitatus Act—a law restricting military involvement in domestic policing, except under specific extraordinary circumstances. The group articulated their worries about the implications for military readiness and operational integrity should lawyers be reassigned to non-traditional military roles.
The nation’s immigration courts are currently dealing with a staggering backlog of approximately 3.5 million cases, a central aspect of the Trump administration’s strict immigration policies. In recent months, numerous immigration judges have either been dismissed or left their positions for various reasons.
In their letter, the senators requested detailed information about the military attorneys being reassigned and sought clarification on any legal assessments regarding compliance with the Posse Comitatus Act. Pentagon communications indicate that while plans for legal support are underway, deployments would be limited to a maximum of six months, with assurances that the Justice Department would oversee any legal conflicts arising from this arrangement.
The Democratic senators voiced additional concerns about the potential ripple effects on military personnel navigating the military judicial system. With recent reforms—establishing Offices of Special Trial Counsel (OSTCs) in each service branch intended to enhance the prosecution of serious offenses—this initiative could disrupt progress made in military justice reform.
The OSTCs, established by Congress in 2022, were designed to transition prosecution authority for serious crimes, like sexual assault, away from commanding officials to independent military attorneys. This modification aims to protect the rights of victims and ensure a fairer judicial process. The letter urged the Pentagon to clarify how it plans to maintain the momentum of these reforms without compromising the quality or timeliness of court-martials.
The senators argued that the current plan reflects the administration’s approach of treating skilled legal personnel as interchangeable assets, rather than essential professionals focused on their core responsibilities. Their call for transparency and accountability underscores the ongoing debate about military involvement in domestic judicial matters.
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