WASHINGTON — Defense Secretary Pete Hegseth has authorized the deployment of up to 600 military lawyers to the Justice Department, where they will take on roles as temporary immigration judges. This decision, outlined in a memo obtained recently, indicates that the military plans to send teams of 150 attorneys—both military personnel and civilians—to assist with the significant caseload at immigration courts.
These deployments are expected to begin “as soon as practicable,” with the first group of lawyers identified by next week, the memo states. The initiative arrives amid increasing efforts by the Trump administration to utilize military resources in addressing illegal immigration, including heightened patrols at the U.S.-Mexico border and housing asylum seekers on military bases.
The immigration court system has been under considerable strain as it grapples with a backlog of around 3.5 million pending cases, a situation exacerbated by recent actions of the administration. The number of immigration judges has dwindled because over 100 have either been dismissed or opted for deferred resignations during the past months, according to their union. Most recently, the International Federation of Professional and Technical Engineers reported that 17 judges were terminated without cause.
With approximately 600 immigration judges remaining, the involvement of military lawyers could effectively double their ranks. The Justice Department, which supervises these immigration courts, has made this request for assistance to the Defense Department, emphasizing the urgency of addressing the backlog.
The memo specifies that the military lawyers’ roles will be temporary, lasting no more than 179 days at first, but could be extended if necessary. A Justice Department spokesperson redirected inquiries about the operation to the Defense Department, while officials at the Pentagon pointed to the White House for further comments. A White House official indicated that various strategies are being explored to alleviate the chronic backlog of cases, including the potential hiring of additional judges.
The memo also highlights that the capacity to mobilize these military attorneys is limited by availability, and there may be a need to call up reserve officers. Furthermore, it underscores the importance of adhering to federal laws that restrict military involvement in domestic law enforcement, specifically referencing the Posse Comitatus Act.
Recent legal challenges have complicated the administration’s attempts to deploy troops for immigration enforcement, including a court ruling asserting that it illegally sent National Guard personnel to Los Angeles earlier this year.
It remains uncertain how the assignment of a large number of military lawyers will affect the military justice system. These attorneys, known as judge advocates, typically perform a wide array of legal duties, which encompass prosecuting, defending, and providing legal advice.
Pentagon officials have yet to clarify the sources of the 600 attorneys, including whether they will be drawn from active duty or reserve units. Cases in immigration court often take years to resolve, with final hearings frequently scheduled well into the future.
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