The Biden administration left a mess in the immigration courts; Trump wants to clean it up.
The backlog of immigration court cases is a significant drag on President Trump’s initiative to deport illegal aliens. President Biden’s open-door policy deposited millions of migrants in the US and rounding them up and deporting them or adjudicating claims of asylum has become a challenge of herculean proportions. The task now requires numerous government agencies to step up and help out. Most recently, Secretary of Defense (now Secretary of War) Pete Hegseth authorized 600 military lawyers to serve temporarily as immigration judges for the Department of Justice in its support of the Department of Homeland Security.
Military Lawyers
To get some idea of the magnitude of the problem, Liberty Nation News Editor-in-Chief Mark Angelides wrote recently: “As of July 2025, the backlog has dropped from 4.2 million to 3.8 million. This is because cases are being dealt with at a rate of 65,000 per month, while only 29,000 new cases are being brought. At this current trajectory, even if nothing improves going forward, that number will be 2.5 million by the end of Trump’s term.” During President Biden’s term, there was little effort to explore ways to streamline the immigration court process, and cases just piled up. All manner of illegal aliens claiming asylum status, including criminals, unaccompanied minors, and people on the terrorist watch list, were given notices to appear before an Immigration Judge, often years in the future. Even those who had more immediate dates seldom, if ever, appeared.
According to a memorandum signed by Secretary Hegseth, the Department will provide 600 uniformed Judge Advocate General (JAG) and civilian lawyers to help reduce the projected 2.5 million backlog of cases further. “The military will begin sending groups of 150 attorneys – military and civilian — as early as next week [week of Sep. 8], the memo also states. The move comes as the Trump administration cracks down on illegal immigration, which has resulted in arrests, deportations, and related court issues,” Just the News reported. Using military JAG Corps lawyers has a range of advantages.
There is the obvious benefit. By increasing the number of judges, the Trump administration’s more comprehensive immigration strategy, tied to increased numbers of arrests and deportations, will run more smoothly. “The move follows a Justice Department rule change that lets temporary immigration judges take the bench without prior immigration law experience, according to the Federal Register,” the Daily Caller explained. Faster servicing of claims will reduce wait times that, as we’ve seen, stretch to years. The DOD initiative supports the administration’s desire to address and hopefully eliminate illegal aliens’ opportunities to stay in the country longer.
Using military lawyers from the JAG Corps is an efficient and pragmatic application of existing government legal resources. The military lawyers will be deployed for 179 days, with the option to renew their temporary duty. This approach to satisfying an intergovernmental need demonstrates an interagency flexibility that can have long-term benefits. Furthermore, military lawyers are steeped in the Uniform Code of Military Justice and should bring a more disciplined and structured approach to the immigration proceedings. Decisions seem more likely to be consistent with a rules-based methodology, and there’s a lower likelihood of rulings being influenced by ideology – one hopes, at least.
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