Summary
The Department of Justice (DOJ) defended its decision to temporarily reassign military lawyers, known as Judge Advocate Generals (JAGs), to work as immigration judges. The DOJ states this is legal because the lawyers will work in civilian roles, not military ones. Some critics argue that the reassignment could violate the Posse Comitatus Act, which limits the use of military personnel for domestic law enforcement.
Key Facts
- The DOJ released a 13-page document explaining its decision to use military lawyers as immigration judges.
- The lawyers will work full-time in civilian roles under civilian DOJ supervisors.
- Up to 600 military lawyers are being reassigned to deal with an increasing immigration caseload.
- The Posse Comitatus Act restricts military involvement in domestic law enforcement, but the DOJ argues this doesn't apply here because the lawyers are acting in civilian roles.
- At the end of the Biden administration, there were 700 immigration judges; this number decreased to about 600 during President Trump's second term.
- Critics are concerned that the lawyers' military background could conflict with civilian immigration judge duties.
- The DOJ plans to reimburse expenses for the reassigned lawyers, although some may not be on a reimbursement basis.
