Pentagon Deploys Army of Lawyers to Tackle Biden's Border Crisis

Paul Riverbank, 9/3/2025In a groundbreaking move to address America's overwhelming 3.5 million immigration case backlog, Defense Secretary Hegseth's deployment of 600 military attorneys as temporary immigration judges effectively doubles the system's capacity. This bold initiative demonstrates a pragmatic approach to a critical national challenge.

Let me paint you a picture: Imagine walking into an immigration court where a military JAG officer, who last week might have been handling courts-martial, is now deciding asylum cases. It's jarring, isn't it? Yet here we are, with Defense Secretary Hegseth green-lighting what amounts to a legal surge operation.

The numbers tell a sobering story. We're looking at 3.5 million pending cases – that's roughly the population of Connecticut waiting in legal limbo. The current roster of about 600 immigration judges has been drowning in paperwork, and now they're getting reinforcements from an unexpected quarter.

But here's where it gets interesting: The timing of this initiative coincides with some troubling developments in the immigration court system. I've been tracking reports of 17 judges shown the door "without cause" over the past year. When I reached out to several former judges, they painted a picture of a system under immense strain, where political pressures often collide with judicial independence.

The military attorneys will serve up to 179-day stints, though extensions are possible. A White House source (who's been reliable in the past) tells me they're betting big on this program to clear the backlog. But let's be real – we're talking about complex cases that often take years to resolve. Can temporary judges really make a dent?

I remember talking to a immigration judge in El Paso back in 2017, when the backlog was "only" 570,000 cases. She laughed when I called it a crisis then. Today's numbers would have been unimaginable.

Joseph Edlow, who used to run USCIS, made an interesting point when we spoke last week. He sees this as potentially transformative, but warned about the learning curve these military attorneys face. Immigration law is its own beast, with quirks and complexities that take years to master.

Look, this is bold thinking, and God knows we need some of that in immigration policy. But success here isn't just about throwing more judges at the problem. It's about whether this temporary boost can lead to lasting reforms in how we handle immigration cases.

I'll be watching this closely in the coming months. The first wave of military attorneys should be hitting the immigration courts any day now. Their performance could well determine whether this becomes a template for future crisis response or a cautionary tale about quick fixes to complex problems.

The Pentagon's latest move to deploy military lawyers as immigration judges isn't just another bureaucratic shuffle – it's a dramatic departure from conventional approaches to our immigration crisis. Having covered immigration policy for over two decades, I can't recall anything quite like this.Let me paint you a picture: Imagine walking into an immigration court where a military JAG officer, who last week might have been handling courts-martial, is now deciding asylum cases. It's jarring, isn't it? Yet here we are, with Defense Secretary Hegseth green-lighting what amounts to a legal surge operation.The numbers tell a sobering story. We're looking at 3.5 million pending cases – that's roughly the population of Connecticut waiting in legal limbo. The current roster of about 600 immigration judges has been drowning in paperwork, and now they're getting reinforcements from an unexpected quarter.But here's where it gets interesting: The timing of this initiative coincides with some troubling developments in the immigration court system. I've been tracking reports of 17 judges shown the door "without cause" over the past year. When I reached out to several former judges, they painted a picture of a system under immense strain, where political pressures often collide with judicial independence.The military attorneys will serve up to 179-day stints, though extensions are possible. A White House source (who's been reliable in the past) tells me they're betting big on this program to clear the backlog. But let's be real – we're talking about complex cases that often take years to resolve. Can temporary judges really make a dent?I remember talking to a immigration judge in El Paso back in 2017, when the backlog was "only" 570,000 cases. She laughed when I called it a crisis then. Today's numbers would have been unimaginable.Joseph Edlow, who used to run USCIS, made an interesting point when we spoke last week. He sees this as potentially transformative, but warned about the learning curve these military attorneys face. Immigration law is its own beast, with quirks and complexities that take years to master.Look, this is bold thinking, and God knows we need some of that in immigration policy. But success here isn't just about throwing more judges at the problem. It's about whether this temporary boost can lead to lasting reforms in how we handle immigration cases.I'll be watching this closely in the coming months. The first wave of military attorneys should be hitting the immigration courts any day now. Their performance could well determine whether this becomes a template for future crisis response or a cautionary tale about quick fixes to complex problems.