WASHINGTON / LONDON (IT BOLTWISE) – The US Justice Department’s decision to appoint military lawyers as immigration judges is causing controversy. Critics fear that lawyers do not have the necessary experience to handle the complex cases, while the ministry points to the legal admissibility of the measure.
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The US Department of Justice (DOJ)’s decision to temporarily appoint military lawyers as immigration judges has sparked a wave of debate. This action was taken in response to the increasing workload in the immigration courts, which was exacerbated by the decline in the number of judges under the Trump administration. Critics argue that the lawyers, who come from the Defense Department, do not have the necessary experience in this complex area of law.
The DOJ defends its decision on the grounds that the attorneys will work in a purely civilian capacity under the supervision of civilian DOJ supervisors. This argument relies on the interpretation of the Posse Comitatus Act (PCA), which restricts the use of military personnel to enforce domestic laws. Thomas Elliot Gaiser, Assistant Attorney General, emphasizes that the terms of the reassignment meet the requirements of the PCA.
The measure calls for the temporary assignment of up to 600 military lawyers, known as Judge Advocate Generals (JAGs), to handle the increasing number of cases in immigration courts. These attorneys are intended to serve as Special Assistant United States Attorneys (SAUSAs) or temporary immigration judges. Gaiser argues that the Defense Department has broad authority to delegate personnel to other federal agencies as long as it serves a federal purpose.
While the DOJ emphasizes the legal basis for this measure, critics raise concerns about its practical implementation. They fear that lawyers are not adequately prepared for the challenges of immigration justice and that this could lead to an acceleration of deportations at the expense of a fair process. The National Immigrant Justice Center warns that this decision could lead to years of litigation and flawed decisions that significantly impact the lives of affected immigrants.
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