In a sweeping move that underscores the growing intersection of military and immigration policy, the Pentagon has confirmed it will transfer hundreds of military and civilian lawyers to the Justice Department to serve as temporary immigration judges. The decision, announced on September 2, 2025, is a direct response to mounting pressure on the nation’s overwhelmed immigration courts, which are now grappling with a staggering backlog of nearly 3.7 million active cases, according to The Associated Press and MSNBC.
The plan, outlined in an August 27, 2025 memo reviewed by The Associated Press and reported by The Hill, authorizes up to 600 military lawyers—drawn from active-duty, National Guard, and reserve Judge Advocates General (JAGs)—to be detailed to the Department of Justice (DOJ) as soon as practicable. The first wave, comprising groups of 150, is expected to be identified by the week following the announcement.
Chief Pentagon spokesperson Sean Parnell explained the rationale behind the move: “At the request of the Department of Justice, the Department of Defense is identifying qualified Judge Advocates and civilian attorneys for details to serve as Temporary Immigration Judges. These DOD attorneys will augment existing resources to help further combat a backlog of cases by presiding over immigration hearings.” Parnell continued, “The Department remains committed to continuing our support for our interagency partners, bringing the skill and dedication of America’s service members and civil servants to deliver justice, restore order, and protect the American people.”
Defense Secretary Pete Hegseth, who approved the measure, tasked all branches of the armed services with identifying suitable candidates. According to The Washington Post, the request for assistance originated with the Department of Homeland Security, reflecting a broader federal effort to accelerate immigration case processing and support the Trump administration’s aggressive enforcement agenda.
The temporary immigration judges will serve for up to 179 days, with the possibility of renewing their terms. Reserve officers may also be mobilized for these roles, expanding the pool of available legal talent. The Associated Press notes that this rapid deployment is intended to clear case backlogs that have long plagued the immigration court system, a problem exacerbated by a recent spike in arrests and deportations.
The administration’s reliance on military resources for immigration enforcement is not new, but it has intensified in recent months. Roughly 10,000 troops are currently deployed along the U.S.-Mexico border, and National Guard units have been sent into Los Angeles and other cities to aid federal agents with immigration raids. Numerous military bases now house individuals awaiting deportation, and plans are underway to deploy military personnel to Chicago to address crime, homelessness, and undocumented immigration, according to reporting from The Washington Post.
Legal controversy has followed some of these deployments. On September 2, 2025, a federal judge ruled that the use of National Guard troops in Los Angeles to assist with immigration raids violated the Posse Comitatus Act, which restricts the use of federal military personnel in domestic law enforcement. The administration has indicated it will appeal the decision and is moving forward with plans to create rapid-reaction forces from state National Guard units to respond to domestic unrest.
The Justice Department, for its part, has taken steps to facilitate the influx of temporary judges. Last week, it relaxed a longstanding rule that required immigration judges to have prior experience in immigration law. The Executive Office for Immigration Review explained the change, stating, “Immigration law experience is not always a strong predictor of success as an IJ [immigration judge], and EOIR has hired individuals from other federal agencies and department components without prior immigration experience who have become successful and exemplary IJs.”
Critics of the move worry that placing military lawyers—many of whom may lack specialized immigration law expertise—on the bench could further complicate an already fraught system. Supporters, however, argue that the urgency of the backlog and the need for swift adjudication outweigh concerns about legal specialization, especially given the military’s reputation for discipline and efficiency.
The shake-up comes amid sweeping personnel changes at the Justice Department’s immigration courts. Since President Donald Trump returned to office in 2025, the DOJ has fired the acting head of the immigration court system, several top officials, and nearly 100 judges, according to MSNBC and The New York Times. The administration has justified these actions as necessary to streamline operations and fulfill Trump’s campaign promise to carry out “the largest deportation operation in the history of our country.”
“We are committed to restoring order and delivering justice for the American people,” a senior administration official told The Hill. “By leveraging the expertise and dedication of our military legal professionals, we can ensure that cases are heard more quickly and fairly, while upholding the rule of law.”
Yet, the deployment of military personnel into judicial roles—historically reserved for civilian judges—raises fundamental questions about the separation of powers and the appropriate limits of military involvement in civil affairs. Legal scholars and immigrant advocacy groups have voiced concern that the trend could erode public confidence in the impartiality of the immigration court system and blur the lines between law enforcement and judicial proceedings.
Meanwhile, the practical challenges remain daunting. With nearly 3.7 million active cases and a system already stretched to the breaking point, even an influx of 600 temporary judges may offer only partial relief. The administration’s broader strategy—to combine increased enforcement, expanded detention, and expedited hearings—faces logistical, legal, and ethical hurdles at every turn.
As the first groups of military and civilian attorneys prepare to take their seats on the immigration bench, all eyes will be on the outcomes: Will the backlog finally begin to shrink? Will the courts maintain fairness and due process amid the rush to clear cases? And how will this unprecedented experiment in military-judicial collaboration shape the future of American immigration policy?
For now, the answer remains uncertain. What is clear is that the Trump administration’s determination to overhaul the nation’s immigration system has ushered in a new era—one in which the boundaries between military and civilian spheres are being tested as never before.
