Military lawyers are filling the vacancies left by terminated immigration judges, per a new Pentagon initiative. The move will allocate six hundred military attorneys to the Department of Justice (DOJ) to help reduce the backlog in immigration courts. The military lawyers will be under the direct control of the Attorney General.

The move is the latest in a string of actions by the government to expand the military’s role in immigration enforcement. Federal law dictates active-duty service members are legally barred from law enforcement positions, including judges. The one exception is if the reassignment is approved by Congress or the Constitution. To date, no Congressional approval has been received.

The immigration court system is one of biggest focus areas for the government’s efforts to increase immigration enforcement. The current backlog is roughly three and a half million cases. The reassignment of military lawyers as immigration judges is one of the ways the government plans to combat the backlog. The government is also looking at hiring additional immigration judges too.

In a memo announcing the transfer of the military lawyers, the Pentagon explained that the DOJ will bear responsibility for ensuring they don’t violate federal law. The Pentagon also clarified that the lawyers will only serve for six months. The future role of the military lawyers is unknown.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, it’s particularly critical.