Trump Administration Reassigns Military Lawyers as Immigration Judges

The Trump administration has implemented a significant rule change that allows military lawyers and other attorneys without immigration experience to serve as temporary immigration judges. This controversial decision has raised serious concerns about the integrity of immigration courts and the potential impact on vulnerable individuals facing deportation proceedings.

On August 28, 2025, the Department of Justice published a final rule that fundamentally altered who can serve as a temporary immigration judge. The change comes at a time when the immigration court system faces unprecedented challenges, including a massive backlog of cases and recent cuts to the permanent judiciary. Understanding these developments is crucial for anyone navigating the immigration system or advocating for fair legal processes.

The implications of this rule change extend far beyond administrative efficiency. They touch on fundamental questions of due process, judicial independence, and the rights of immigrants facing life-altering decisions in court.

Background on the Rule Change

Previously, serving as a temporary immigration judge required meeting specific qualifications designed to ensure competency in this complex area of law. Candidates had to have served as a former immigration judge or appellate immigration judge, worked as an administrative judge within another executive branch agency, or served as a DOJ attorney with at least 10 years of experience in immigration law.

The Trump administration eliminated these requirements entirely. Now, the DOJ can select any attorney to serve as a temporary immigration judge, including military lawyers and private sector attorneys with no immigration experience whatsoever.

The administration justifies this change by pointing to the immigration court backlog and claiming that additional immigration judges are necessary to process cases efficiently. However, this explanation raises questions when considered alongside the administration’s recent actions. Over the past seven months, the Trump administration has fired or laid off more than 100 permanent immigration judges, reducing the total from a high of 735 judges at the end of FY 2024 to approximately 600 currently.

This contradiction between the stated need for more judges and the simultaneous reduction of permanent positions suggests that the rule change may serve purposes beyond simply addressing case backlogs.

Concerns About Political Influence

The shift to temporary appointments creates significant vulnerabilities in judicial independence. Military lawyers and other temporary immigration judges could be more susceptible to political influence than their permanent counterparts, particularly given the structure of their appointments.

Several recently fired immigration judges have revealed disturbing details about political pressure within the system. These judges report that DOJ officials have attempted to dictate how they should rule in specific cases, and the Trump administration has terminated judges who refused to align with its mass deportation objectives.

The temporary nature of these positions exacerbates these concerns. Temporary immigration judges serve only six-month renewable terms and undergo review before any renewal. This structure creates an environment where the administration can easily retain only those judges whose rulings align with political goals while removing those who demonstrate independence.

The renewable term system operates similarly to a performance review, prioritizing whether judges deliver outcomes that align with the administration’s goals over considerations of fairness or experience. This fundamentally undermines the concept of impartial judicial proceedings.

Training and Qualifications Cannot Bridge the Gap

The DOJ claims that temporary immigration judges will receive the “same” training as permanent hires, but this assertion oversimplifies the complexities involved. While permanent immigration judges undergo rigorous training that includes at least one year of mentorship with experienced judges, the immigration system’s complexity requires far more than basic training to master.

Immigration law encompasses multiple overlapping areas of federal law, including criminal law, family law, human rights law, and administrative procedures. The field continues to evolve rapidly, with new regulations, court decisions, and policy changes emerging regularly. Developing genuine experience requires years of dedicated practice and continuous learning.

The six-month terms assigned to temporary judges provide insufficient time to develop this experience. Military lawyers, regardless of their competence in military legal matters, face a steep learning curve when transitioning to immigration law. The same applies to private sector attorneys without immigration experience.

This lack of specific knowledge can have devastating consequences. Immigration proceedings often involve life-or-death situations, family separation, and persecution claims. Judges who lack a deep understanding of immigration law and procedure may miss crucial legal issues, misapply standards, or fail to recognize valid claims for relief.

Potential Harms to Immigrants

The assignment of inexperienced and potentially biased judges poses serious risks to immigrants facing deportation proceedings. These individuals already navigate a complex legal system that heavily favors the government, often without legal representation.

Immigration court proceedings lack many protections available in criminal court, despite potentially resulting in detention, family separation, and deportation to countries where individuals may face persecution or death. The system depends heavily on judges’ knowledge, fairness, and independence to provide even basic due process protections.

The reassignment of military lawyers to immigration courts further undermines due process by blurring the line between independent administrative courts and presidential policies. Military attorneys are trained to follow command structures and implement policy directives — skills that may conflict with the judicial independence required in immigration proceedings.

Unrepresented immigrants, who make up the majority of those in removal proceedings, face particular vulnerability. They depend on judges to ensure fair hearings, explain legal procedures, and identify potential avenues for relief. Inexperienced judges may fail to provide these essential protections.

The Broader Impact on Justice

These changes occur within a broader context of attacks on immigration court independence. The Trump administration’s simultaneous firing of experienced permanent judges while installing temporary replacements suggests a systematic effort to reshape the judiciary to align with enforcement priorities rather than legal standards.

This approach threatens not only individual immigrants but the integrity of the legal system itself. When courts become instruments of policy implementation rather than forums for fair adjudication, they lose legitimacy and public trust.

Taking Action to Protect Your Rights

If you or a loved one faces immigration court proceedings, understanding these systemic challenges makes obtaining experienced legal representation even more critical. The changing landscape of immigration courts means that having an advocate who understands both immigration law and the current political pressures on the system is essential.

At the Law Offices of Diron Rutty, LLC, we recognize that facing immigration court proceedings can be overwhelming and stressful. The recent changes to the immigration court system make legal guidance more important than ever. We are committed to providing dedicated and compassionate representation to help you navigate this complex and evolving system.

Our team understands the stakes involved in immigration court proceedings. We provide knowledgeable representation while ensuring you remain informed and empowered throughout the process. We will guide you through every step, from initial hearings to exploring all possible avenues for relief under immigration law.

If you or a loved one is facing immigration court proceedings, don’t wait. Contact us today to discuss your case and take steps to protect your future.