Temporary Immigration Judges

Shortly after the Trump Administration eliminated the requirement for temporary immigration judges to possess knowledge of immigration law, the Department of Defense authorized the use of 600 military lawyers to serve as temporary immigration judges. This move comes after more than 130 immigration judges have been fired, taken an early retirement offer, or have been involuntarily transferred under the current Trump Administration. The level of training offered to temporary military lawyers tapped to serve as immigration judges is unclear. The Department of Justice states they will receive six weeks of training, although NPR has reported that they will only receive two weeks of training.

The temporary appointment of military lawyers as immigration judges with no prior immigration experience raises significant due process concerns because immigration judges are responsible for advising noncitizens appearing in front of them of their eligibility for relief from removal and must understand immigration law to adjudicate cases. Inexperienced temporary immigration judges are unlikely to understand the intricacies and nuances of immigration law or be competent adjudicators.

It is more important than ever that individuals in immigration court proceedings obtain counsel to best explain legal issues to judges new to the practice area and to preserve legal issues for appeal. According to data from TRAC, between 2015 and 2024, 47 percent of represented individuals were granted relief from removal compared to 19 percent of unrepresented individuals.