The Trump administration has authorized up to 600 military lawyers to serve as temporary immigration judges, with approximately 150 expected to begin as soon as this week. This unprecedented step comes amid historic strains on the immigration court system, which is currently facing a backlog of nearly 4 million cases.

Lowered Standards, Faster Training

The Justice Department recently relaxed eligibility standards for temporary immigration judges, eliminating the requirement for prior immigration law experience. Instead, military lawyers—primarily members of the Judge Advocate General's (JAG) Corps—will receive only two weeks of training before presiding over cases. These judges will wield significant authority, including the ability to revoke lawful permanent residency or issue final removal orders for individuals who have lived in the United States for years.

Why the Change?

The move reflects the administration's aggressive immigration enforcement strategy: increasing arrests of undocumented immigrants, expanding detention space, and accelerating deportations. However, the pace of enforcement has far outstripped the system's capacity. The Executive Office for Immigration Review (EOIR), which houses the nation's immigration courts, has seen more than 100 judges leave in the last nine months through firings or resignations—dropping the total from about 700 at the start of the year.

To address these pressures, Congress earlier this year allocated over $3 billion for immigration-related activities, including hiring new judges. But the training and appointment process for permanent immigration judges can take a year or more. By contrast, deputizing military lawyers provides an immediate—though temporary—surge in capacity.

Legal and Practical Concerns

While this expansion may reduce short-term caseload pressures, the decision raises serious concerns:

• Due Process Risks: Two weeks of training cannot substitute for years of legal experience in immigration law. Immigration judges decide cases that can mean life or death for asylum seekers or permanent separation of families.

• Judicial Independence: Military officers serving as judges under temporary appointments may face unique challenges in balancing duty, independence, and impartiality.

• Systemic Instability: Relying on stopgap measures, rather than investing in long-term judicial infrastructure, risks undermining confidence in the immigration court system.

A Temporary Fix for a Structural Crisis

The authorization of military lawyers as immigration judges is emblematic of the structural crisis in America's immigration courts. Even with temporary reinforcements, the backlog continues to climb, fueled by policy choices that emphasize enforcement without proportionate investment in adjudication capacity.

At Saluja Law, we remain committed to defending the rights of immigrants and ensuring that due process is upheld, regardless of the political moment. Quick fixes may alleviate pressure on the system in the short term, but real reform requires sustainable investment in independent, well-trained, and adequately staffed immigration courts.