San Diego (AP) — The Trump administration is enlisting National Guard and Army Reserve lawyers to function as temporary immigration judges in the wake of dismissing numerous existing judges, marking the latest initiative in a broader strategy that experts believe could jeopardize the immigration courts and military justice system.
Training for the initial cadre of Army lawyers is set to begin Monday, with another group expected to start training in the spring. Approximately 100 Army Reserve lawyers are anticipated to participate, with half starting a nearly six-month assignment immediately following their training, based on a Sept. 3 email reviewed by The Associated Press.
The aim is to recruit up to 600 military-trained attorneys to guide decisions on which immigrants can remain in the country. This initiative has provoked alarm among advocates as the Trump administration intensifies actions on immigration arrests, grappling with immigration courts that have accumulated significant backlogs—more than doubling in pending cases to 3.4 million over the past four years.
Both the Army and National Guard have expressed hopes to fill these roles with volunteers. An email sent to members of the Army’s Reserve Legal Command indicated this assignment offers a chance to acquire judicial experience in a high-tempo and nationally significant environment.
Notably, there are concerns over a lack of proper training. Immigration judges typically handle extensive case loads, shaping critical outcomes for immigrant families during a high-stakes crackdown on immigration policies. Experts worry that military reservists may be placed in these roles without necessary preparation, especially following the abrupt firing or departure of over 100 immigration judges.
With only around 600 immigration judges remaining, the deployment of military lawyers would effectively double the existing ranks, raising substantial questions about qualifications. The prior requirement of candidates possessing relevant legal experience and lengthy training has been questioned, with notable apprehensions about the implications for due process and the efficiency of the immigration courts.
Critics have highlighted that many reservists might enter without adequate experience. Advocates and several Democratic senators have also expressed fears that this move violates legal boundaries concerning military involvement in law enforcement, emphasizing the need for thorough analysis before proceeding.
If enforced correctly, this deployment could address immediate staffing needs within the immigration courts; however, there are significant reservations about the potential erosion of legal standards and protections for immigrants, further complicating an already challenging judicial landscape.
