Pentagon to Assign Military Attorneys as Temporary Immigration Judges Amid Court Backlog

In a significant new development, the U.S. Department of Defense has authorized up to 600 military attorneys to serve as temporary immigration judges. The move, initiated by the Trump administration, is aimed at addressing the growing backlog in the nation’s immigration courts, which now exceeds 3.4 million pending cases.

Why the Change?

According to a Pentagon memo reviewed by various news outlets, the Department of Justice (DOJ) requested assistance from the military to help adjudicate immigration cases. The military will begin by assigning groups of approximately 150 Judge Advocate General Corps (JAG) officers and civilian attorneys to serve as temporary judges. Each assignment is expected to last up to 179 days, with the possibility of renewal.

The White House has described this as a temporary solution intended to relieve pressure on the overburdened immigration court system. In some states, such as Illinois, there are over 100,000 pending cases, making timely processing a major concern for both the government and immigrant communities.

What Does This Mean for Immigration Courts?

Currently, about 600 immigration judges handle millions of cases across the country. With the addition of up to 600 military attorneys, the number of active judges could double—at least temporarily.

However, the decision has drawn a wide range of responses. Supporters argue that the additional personnel could help clear backlogs and ensure faster decisions for people awaiting outcomes in their cases. A White House official stated that resolving the backlog should be “a priority that everyone — including those waiting for adjudication — can rally around.”

Critics, including former immigration judges and legal experts, have raised concerns about the qualifications of the incoming judges. Immigration law is a highly specialized field, and many JAG officers may lack experience in immigration policy and court procedures. Some worry this could result in slower adjudications or an increase in appeals, potentially exacerbating delays rather than resolving them.

Questions About Training and Oversight of Temporary Immigration Judges

The Justice Department has indicated that these temporary judges will receive training before taking on cases. Reports suggest the training may last about two weeks. In comparison, full-time immigration judges typically undergo weeks of instruction and a two-year probationary period, including mentorship from experienced judges.

Additionally, legal advocates have expressed concern that the plan may challenge the traditional separation between military and civilian judicial functions. Some military legal professionals have also voiced discomfort about being assigned to immigration cases that do not involve military personnel or military law.

The Pentagon has emphasized that any deployments will be voluntary and that the DOJ will ensure compliance with federal laws, including the Posse Comitatus Act, which restricts the use of the military in civilian law enforcement roles.

What Should Immigrants Know?

For individuals navigating the immigration process, this development does not change the basic procedures or eligibility criteria for immigration benefits such as asylum, green cards, or cancellation of removal. However, it does underscore the importance of being well-prepared for immigration court appearances, especially as the system undergoes procedural changes.

While the long-term impact of this initiative remains to be seen, immigrants and their families should continue to prioritize accurate documentation, timely filings, and legal support when available.

How Odunlami Law Can Help

At Odunlami Law, we understand how challenging and uncertain the immigration process can be — especially when the system itself is changing. If you or a loved one is facing removal proceedings or awaiting a court date, our team is here to help you understand your options and advocate for your rights.

To learn more or to schedule a consultation, contact us today.