NIMJ Statement of Opposition: Repurposing U.S. Military Lawyers as Immigration Judges

​The National Institute of Military Justice (NIMJ) is vigorously opposed to Secretary Hegseth’s plan to convert hundreds of U.S. military lawyers into temporary immigration judges. 
 
Since 1991, NIMJ has advocated for the fair administration of justice in the armed forces. As a non-partisan group of civil society experts who are independent of the government, we have consistently spoken out about international human rights standards when other countries used military trials against civilians. The recent announcement demands that we now speak out against this practice in our own country as well. 
 
The announcement raises pressing questions. Since immigration law is not the expertise of military lawyers, how much of a 179-day tour will be spent learning? Will they remain under military supervision and discipline, and can political actors remove them for disfavored decisions? If pulled from the active force, who backfills their missions? How transparent will proceedings be? Can a rotating cadre of inexperienced military lawyers deliver sound immigration decisions?
 
We question the need for this move. After dismissing civilian immigration judges and officials earlier this year, the administration now cites those shortages to justify bringing in the military. The military’s pivot to immigration enforcement occurs in light of Secretary Hegseth’s unprecedented firing of three top uniformed attorneys earlier this year to remove “roadblocks to anything that happens.” That justification encourages uncritical deference to political objectives by stifling independent legal judgment. Such a demand is irreconcilable with the military profession’s duty of loyalty to the Constitution.
           
The proposal conflicts with long-standing limits on the domestic use of armed forces. Immigration adjudication is a civilian function; entangling the military in civilian law enforcement will require explicit statutory authorization and robust safeguards to preserve constitutional norms. Turning troops into federal law enforcement officers is mission creep and merits sustained congressional and public scrutiny.
 
The Board of Directors
National Institute of Military Justice

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