Why Are U.S. Military Lawyers Being Asked to Serve as Immigration Judges?

In a controversial move, the Department of Defense (DoD) has authorized military and civilian attorneys to serve temporarily as immigration judges. While this may sound like a creative solution to America’s overwhelmed immigration courts, the implications could be far-reaching, especially for immigrant families in Arizona. Let’s break down what’s happening, why it's happening now, and how it could affect your immigration case.

Why Military Lawyers?

The Trump administration has long sought ways to clear the enormous backlog in immigration courts. As of 2025, there are over 2 million pending immigration cases, according to Reuters. And in some cities, hearing dates are scheduled years in advance. Now, the Department of Defense is being pulled into the mix. According to a Pentagon spokesperson, DOD attorneys will “augment existing resources” by presiding over immigration hearings. This temporary assignment could last about half a year, and hundreds of military lawyers may be deployed. The problem is that military lawyers are trained in military justice, not immigration law.

Is This Legal?

The legality isn’t being contested per se, but the ethical concerns are loud. Immigration law is incredibly complex, and immigration judges are expected to understand not just federal law but also nuanced humanitarian protections like asylum eligibility, special immigrant juvenile status, withholding of removal, and Convention Against Torture (CAT) protections. Even if military lawyers receive a crash course, they are not likely to be fully prepared to make life-altering decisions on immigration cases. Critics worry this could result in hastily decided cases, wrongful deportations, and due process violations.

How Does This Affect Arizona Families?

Arizona, one of the busiest border states, has long been a frontline in America’s immigration debate. With Tucson and Phoenix (the latter is Harmony Law HQ) both hosting large immigration courts, it’s possible these temporary judges could be assigned locally. Here’s what that means for families in Arizona: more unpredictable court decisions. Your case might be decided by someone unfamiliar with the subtleties of immigration law. There’s also the concern about increased case turnover. While faster hearings may sound good, rushed proceedings can lead to missed details, especially if you're not properly represented.

All the more reasons to get a qualified immigration attorney from Harmony Law. You don’t want to risk going before a temporary judge without someone on your side who knows the system inside and out.

A Pattern of Militarizing Civil Legal Systems?

This isn’t the first time the Trump administration has borrowed military legal resources for civilian use. Last year, military lawyers were recruited to serve as special assistant U.S. attorneys to prosecute misdemeanor cases in Washington, D.C. The overarching theme: a militarized response to complex civilian legal issues, especially immigration. In his book, Defense Secretary Pete Hegseth even criticized military lawyers, saying they “spend more time prosecuting our troops than putting away bad guys.” Yet now, those same lawyers are being asked to decide the fate of asylum-seeking families.

What Should Arizona Immigrant Families Do?

If you or a loved one has a pending immigration case in Arizona, or fears one may be on the horizon, it’s more important than ever to have proper legal guidance. Don’t leave your future in the hands of an untrained judge. A skilled immigration attorney can help prepare and present your case thoroughly, ensure your rights are protected, file motions if your case is mishandled, and monitor judge assignments and reschedule if needed.

Final Thoughts

Military lawyers stepping in as immigration judges may be well-intentioned. But good intentions don’t equal justice. The immigration system is already strained, and temporary legal Band-Aids may make things worse before they get better.

How Harmony Law Can Help\

Need help with an immigration case in Arizona? Harmony Law provides compassionate, skilled representation in even the most complex cases. Reach out today to get the support your family deserves.

Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.