DOJ Defends Reassignment of Military Lawyers to Serve as Immigration Judges
Source: Newsweek
Published Nov 15, 2025 at 05:36 PM EST updated Nov 15, 2025 at 05:46 PM EST
The Department of Justice (DOJ) issued a 13-page defense of the decision to temporarily reassign Defense Department lawyers to immigration tasks, saying that Defense Secretary Pete Hegseth may do so since the lawyers will work "on a full-time basis, in an entirely civilian capacity, under the supervision of civilian DOJ supervisors."
"Under our longstanding view, those conditions are sufficient to comply with the PCAs terms," Thomas Elliot Gaiser, assistant attorney general for the Office of Legal Council, wrote, referring to the Posse Comitatus Act, which some critics have said would block the move.
Why It Matters
The DOJ oversees the immigration court system, where judges determine whether immigrants are eligible to remain in the United States or not. In August, Hegseth authorized the deployment of up to 600 military lawyers, known as Judge Advocate Generals (JAGs) to the DOJ to serve as temporary immigration judges, including 150 attorneys of military and civilian background to be deployed to assist with the increasing caseload as some judges departed their posts and recruitment under the Trump administration slowed.
The DOJ's Executive Office for Immigration Review (EOIR), had 700 immigration judges at the end of the Biden administration, with that number reduced to about 600 under the second Trump administration, with some judges allegedly fired without obvious cause.
Read more: https://www.newsweek.com/doj-defends-reassignment-of-military-lawyers-to-serve-as-immigration-judges-11054409
Irish_Dem
(77,993 posts)The damage is ongoing and significant in so many ways.
Hegseth is a direct threat to US national security.
popsdenver
(1,039 posts)like this one, to convert the Military to become the Republican's Gestapo.
I don't know much about Civilian Law? vs Military Law? but it seems the two are not even remotely the same???????????
Maybe someone out there could tell us..........
I know a couple of JAG that have told me, it would take quite a bit more education to educate a civilian lawyer to practicing in a military court.....
Irish_Dem
(77,993 posts)Then it is ripe to be converted to Trump's personal gestapo.
Yes military law is a specialty requiring additional training.
popsdenver
(1,039 posts)and especially Trump, along with Stephen Miller and Russel Vought, have been slashing away at the Generals and Admirals that were not loyal to Trump,
Irish_Dem
(77,993 posts)The ones who have not been fired and still remain are completely demoralized and afraid.
They can no longer be effective leaders.
The MAGAs who are left are completely worthless as military leaders.
They are only Yes Men, and this means we will lose every battle and every war.
American military strength was about the independence of military leadership and
decision making ability in the field. This is why we won WWII.
That is all gone now.
popsdenver
(1,039 posts)that he has taken out, would have opposed his military escapades, line the one on the horizon which is going to go after Venezuela.....
It is not, as he claims, the drug cartels he going after, it is the fact that he and Putin have their eyes on taking control of the world's largest oil reserves, even greater than second place Saudi Arabia........
He is amassing a humongous strike force of several carrier groups and their accompanying destroyers off the coast of Venezuela..................... ...........Un-fathomable......I can only guess he is out to obliterate any resistance using pure airpower, not troops on the ground......
Irish_Dem
(77,993 posts)And looting the entire Russian economy.
Trump is following suit.
Yes they are going after all the world's resources.
Everything.
Historic NY
(39,485 posts)BradBo
(831 posts)It will be the worse of the worst that stay.
twodogsbarking
(16,788 posts)but you don't get it
Farmer-Rick
(12,295 posts)They signed on to be in the military. They are military officers first and lawyers second. Will this time spent doing civilian legal work count towards their retirement and pension?
Civilian legal work is a different beast from JAG work. What an awful way to spend your military career. I bet it will ruin their promotion opportunities.
Shipwack
(2,918 posts)NOT GUILTY!
That would be one way to make this idea a flop.
Buddyzbuddy
(1,920 posts)CanonRay
(15,811 posts)Both military and immigration law are very specialized. Like having a podiatrist do brain surgery.
Shipwack
(2,918 posts)Like our Secretary of Defense, Kegseth.
TomSlick
(12,814 posts)I know nothing about immigration law.
wolfie001
(6,550 posts)So, I guess we have that?
GreenWave
(12,020 posts)pfitz59
(12,090 posts)Unless they get at least a year of supervised instruction they will remain completely unqualified. Proves once again what idiots run both DOD and DOJ. (I will never call it Dept of War. Just as I will never call the Gulf of Mexico anything else.)
TomSlick
(12,814 posts)rampartd
(3,046 posts)his is far better than no trial at all.
soldierant
(9,137 posts)to put Hegseth on a leash without undermining his "authoriteh." It also looks like this isn't it.