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The Trump administration has announced plans to deploy up to 600 military lawyers, or Judge Advocate Generals (JAGs), to serve as temporary immigration judges in U.S. courts, in an effort to alleviate a significant backlog of immigration cases. However, concerns have been raised regarding the legality and suitability of this approach, as military lawyers typically lack experience in immigration law. Legal experts, including former military lawyers, warn that this plan may violate the Posse Comitatus Act, a federal law that prohibits military involvement in civilian law enforcement without specific constitutional or congressional authorization. Critics, like Rachel VanLandingham, emphasize that utilizing military personnel in civilian court settings raises serious legal and ethical issues, suggesting it could pave the way to martial law.
Although the Justice Department has adjusted the criteria to allow “any lawyer” to act as immigration judges for six-month terms, there is potential for these positions to be extended indefinitely, raising further concerns about the militarization of the judiciary. The implications of such a shift could have profound and lasting effects, transitioning U.S. governance towards a military state under extraordinary circumstances. Legal scholars like Raquel Aldana warn that if the administration escalates this approach, it could result in unchecked military powers domestically, fundamentally changing the nature of civil liberties in America.
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Putting Military Lawyers in Charge of Immigration Courts Is Problematic—and “Unlawful”
