WASHINGTON — In a highly unusual move that blurs the line between civilian justice and military involvement, the Pentagon has authorized up to 600 military lawyers to temporarily serve as immigration judges, according to a memo obtained by the Associated Press.
The decision, signed by Defense Secretary Pete Hegseth on August 27, comes at the direct request of the Justice Department and marks one of the most dramatic interventions yet as the Trump administration escalates its immigration crackdown.
Under the plan, the military will deploy attorneys in groups of 150 at a time, drawing from both uniformed and civilian legal ranks. The first wave could be in place within days, with military branches instructed to identify candidates by next week. Each appointment will initially last no more than 179 days, but can be renewed.
The extraordinary step is aimed at addressing an exploding backlog of immigration cases that has swelled to roughly 3.5 million nationwide. Court dockets have been overwhelmed by the administration’s aggressive enforcement policies, including mass arrests and expanded deportation efforts.
At the same time, the number of sitting immigration judges has shrunk sharply. At least 17 judges were fired “without cause” earlier this year, according to the International Federation of Professional and Technical Engineers, the union representing them. Many others accepted “deferred resignations” offered by the administration.
That attrition has left the bench at just 600 judges nationwide. The Pentagon’s intervention will effectively double the judicial workforce overnight, an unprecedented role for military attorneys in the civilian immigration system.
Critics warn the move could undermine judicial independence, while supporters say it is a necessary response to a system pushed to the breaking point.
A White House official defended the plan Tuesday, calling it “a priority that everyone — including those waiting for adjudication — can rally around.” The official added that the administration is also exploring “hiring additional immigration judges” to supplement the surge.
Neither the Justice Department nor the Pentagon offered further comment, instead deferring questions back to the White House.
For immigrants already caught in the backlog, the decision could mean quicker hearings — but also a profound shift in who sits on the bench. Instead of seasoned immigration jurists, hundreds of cases may soon be decided by lawyers trained in military law, under temporary orders, answering to the Pentagon.
The move underscores the Trump administration’s willingness to redefine institutional boundaries in the name of its immigration agenda — raising urgent questions about due process, separation of powers, and the militarization of America’s justice system.
