SecDef Hegseth Drafting 600 Military Judges to Clear Backlog of Immigration Cases.

Defense Secretary Pete Hegseth has authorized sending up to 600 military attorneys to the Department of Justice to act as temporary immigration judges. This initiative comes amid a swelling backlog of around 3.5 million immigration cases and follows the departure or dismissal of more than 100 immigration judges, leaving about 600 judges currently handling the caseload. With the addition of military lawyers, the number of judges could effectively double. 

An internal Pentagon memo dated August 27 outlines a phased deployment: 150 lawyers—military and civilian—will be assigned “as soon as practicable,” with selections to begin by the following week. These temporary appointments are slated to last up to 179 days, though extensions are possible. 

The policy aims to bolster the judicial capacity needed to process cases more swiftly. However, it has sparked controversy. Critics, such as the American Immigration Lawyers Association, worry that military lawyers—whose expertise lies in military law, not the intricacies of immigration—could compromise fairness and due process. One stark comparison offered: “It makes as much sense as having a cardiologist do a hip replacement.” 

Further objections come from inside the immigration judiciary. Jennifer Peyton, until recently a supervising judge in Chicago, highlighted the months-long, intensive training new immigration judges typically undergo. She questioned whether military attorneys could absorb the complexity of immigration law in the limited timeframe, noting that each judge often handles hundreds of cases annually and relies on translators and administrative support—resources the new initiative doesn’t seem to address. 

The decision aligns with broader enforcement strategies of the Trump administration, which have increasingly co‑opted military personnel for domestic immigration operations. This has included National Guard deployments, housing detainees on military bases, and using military aircraft for deportations. Some of these actions have already triggered legal challenges, especially over concerns of violating the Posse Comitatus Act—which limits military involvement in civilian law enforcement. 

The Justice Department, which oversees the immigration courts, requested this measure due to the overwhelming backlog. A White House source framed case resolution as a critical, unifying priority that “everyone—including those waiting for adjudication—can rally around.” 

In short, this initiative reflects the Trump administration’s aggressive push to clear immigration cases, leveraging military legal personnel to substitute for specialized immigration judges. While intended to expedite justice, it raises serious concerns over competence, legal integrity, and the erosion of judicial standards.

Source: The National Pulse