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Military lawyers will serve as immigration judges as courts face massive backlog
Attorney News | 2025/09/12 17:18

Defense Secretary Pete Hegseth has approved sending up to 600 military lawyers to the Justice Department to serve as temporary immigration judges, according to a memo reviewed by The Associated Press.

The military will begin sending groups of 150 attorneys — both military and civilians — to the Justice Department “as soon as practicable,” and the military services should have the first round of people identified by next week, according to the Aug. 27 memo.

The effort comes as the Trump administration more regularly turns to the military as it cracks down on illegal immigration through ramped-up arrests and deportations. Its growing role in the push includes troops patrolling the U.S.-Mexico border, National Guard members being sent into U.S. cities to support immigration enforcement efforts, housing people awaiting deportation on military bases and using military aircraft to carry out deportations.

The administration’s focus on illegal immigration has added strain to the immigration courts, which were already dealing with a massive backlog of roughly 3.5 million cases that has ballooned in recent years. An organization for immigration lawyers called the new directive a “destructive” move meant to undermine the courts.

At the same time, more than 100 immigration judges have been fired or left voluntarily after taking deferred resignations offered by the Trump administration, their union says. In the most recent round of terminations, the International Federation of Professional and Technical Engineers said in July that at least 17 immigration judges had been fired “without cause” in courts across the country.

That has left about 600 immigration judges, union figures show, meaning the Pentagon move would double their ranks.

The Justice Department, which oversees the immigration courts, requested the assistance from the Defense Department, according to the memo sent by the Pentagon’s executive secretary to his DOJ counterpart. The military lawyers’ duties as immigration judges will initially last no more than 179 days but can be renewed, it said.

A DOJ spokesperson referred questions about the plan to the Defense Department, where officials directed questions to the White House.

A White House official said Tuesday that the administration is looking at a variety of options to help resolve the significant backlog of immigration cases, including hiring additional immigration judges. The official, who was not authorized to comment publicly and spoke on condition of anonymity, said the matter should be “a priority that everyone — including those waiting for adjudication — can rally around.”

The head of the American Immigration Lawyers Association decried bringing in temporary judges who lack expertise in immigration law, saying “it makes as much as sense as having a cardiologist do a hip replacement.”

“Expecting fair decisions from judges unfamiliar with the law is absurd. This reckless move guts due process and further undermines the integrity of our immigration court system,” said Ben Johnson, the organization’s executive director.

The memo stressed that the additional attorneys are contingent on availability and that mobilizing reserve officers may be necessary. Plus, the document said DOJ would be responsible for ensuring that anyone sent from the Pentagon does not violate the federal prohibition on using the military as domestic law enforcement, known as the Posse Comitatus Act.

The administration faced a setback on its efforts to use troops in unique ways to combat illegal immigration and crime, with a court ruling Tuesday that it “willfully” violated federal law by sending National Guard troops to Los Angeles in early June.

It is not immediately clear what impact shifting that number of military attorneys would have on the armed forces’ justice system. The attorneys, called judge advocates, have a range of duties much like civilian lawyers, from carrying out prosecutions, acting as a defense attorney or offering legal advice.

Pentagon officials did immediately offer details on where any of the 600 attorneys will be drawn from and whether they will come from active duty or the reserves.

Until she was abruptly fired in July, former supervising judge Jennifer Peyton administered the intensive training that all judges in Chicago undergo before working in some of the busiest immigration courts in the country. After the weekslong training, new judges are paired with an experienced mentor and have a two-year probationary period.

Peyton doubted that military attorneys would be able to master the complexities of immigration law without that rigorous process. She also said it wasn’t clear how they would handle the hundreds, or sometimes thousands, of cases on just a Chicago immigration judge’s docket each year.

“Six months is barely enough time to start to figure out the firehose of information and training,” she said.

Peyton also was concerned that Trump’s move didn’t supply more administrative workers, including translators, whom judges rely on to make decisions. The stakes, she said, were life or death for people who would come before the new judges.

“None of it makes sense unless you were intentionally trying to weaken the immigration courts,” Peyton said.


Washington, Oregon and California governors form a health alliance
Attorney News | 2025/09/03 20:00

The Democratic governors of Washington, Oregon and California announced Wednesday that they created an alliance to safeguard health policies, believing the Trump administration is putting Americans’ health and safety at risk by politicizing the U.S. Centers for Disease Control and Prevention.

The move comes with COVID-19 cases rising and as Health Secretary Robert F. Kennedy Jr. has restructured and downsized the CDC and attempted to advance anti-vaccine policies that are contradicted by decades of scientific research. Concerns about staffing and budget cuts were heightened after the White House sought to oust the agency’s director and some top CDC leaders resigned in protest.

“The CDC has become a political tool that increasingly peddles ideology instead of science, ideology that will lead to severe health consequences,” the governors said in a joint statement.

“The dismantling of public health and dismissal of experienced and respected health leaders and advisers, along with the lack of using science, data, and evidence to improve our nation’s health are placing lives at risk,” California State Health Officer Erica Pan said in the news release.

Washington state Health Secretary Dennis Worsham said public health is about prevention — “preventing illness, preventing the spread of disease, and preventing early, avoidable deaths.”

“Vaccines are among the most powerful tools in modern medicine; they have indisputably saved millions of lives,” Oregon Health Director Sejal Hathi said. “But when guidance about their use becomes inconsistent or politicized, it undermines public trust at precisely the moment we need it most.”

Partnership seeks expert medical advice

The partnership plans to coordinate health guidelines by aligning immunization plans based on recommendations from respected national medical organizations, said a joint statement from Gov. Bob Ferguson of Washington, Gov. Tina Kotek of Oregon and Gov. Gavin Newsom of California.

U.S. Department of Health and Human Services spokesman Andrew G. Nixon shot back in a statement Wednesday that “Democrat-run states that pushed unscientific school lockdowns, toddler mask mandates, and draconian vaccine passports during the COVID era completely eroded the American people’s trust in public health agencies.”

He said the administration’s Advisory Committee on Immunization Practices “remains the scientific body guiding immunization recommendations in this country, and HHS will ensure policy is based on rigorous evidence and Gold Standard Science, not the failed politics of the pandemic.”

Florida announced Wednesday that it plans to phase out all childhood vaccine mandates as Republican Gov. Ron DeSantis plans to curb vaccine requirements and other health mandates during the COVID-19 pandemic.

Meanwhile, public health agencies across the country have started taking steps to ensure their states have access to vaccines after U.S. regulators came out with new policies that limited access to COVID-19 shots.

Illinois Gov. JB Pritzker’s health department said last week it is seeking advice from medical experts and its own Immunization Advisory Committee on COVID-19 vaccines and other immunizations for the fall respiratory season.

The health department plans to provide citizens “with specific guidance by the end of September to help Illinois health care providers and residents make informed decisions about vaccination and protecting themselves and their loved ones,” Health Director Sameer Vohra said in a statement.



Federal data website outage raises concerns among advocates
Attorney News | 2025/08/22 14:40

A federal website that informs the public about what information agencies are collecting and allows for public comment went down last weekend, and it has only been partially restored. The outage has raised concerns among advocates who already were troubled by the disappearance of data sets from government websites after President Donald Trump began his second term.

The https://www.reginfo.gov/public/ website went offline at the end of last week and was partially restored this week. Data was missing after Aug. 1, according to dataindex,us, a collective of data scientists and advocates who monitor changes in federal data sets.

As of Thursday, the website’s landing page said, it was “currently undergoing revisions.” Emailed inquiries to the Office of Management and Budget and General Services Administration weren’t returned on Thursday.

In February, the Centers for Disease Control and Prevention’s official public portal for health data, data.cdc.gov, was taken down entirely but subsequently went back up. Around the same time, when a query was made to access certain public data from the U.S. Census Bureau’s most comprehensive survey of American life, users for several days got a response that said the area was “unavailable due to maintenance” before access was restored.

Researchers Janet Freilich and Aaron Kesselheim examined 232 federal public health data sets that had been modified in the first quarter of this year and found that almost half had been “substantially altered,” with the majority having the word “gender” switched to “sex,” they wrote last month in The Lancet medical journal.

Former Census Bureau official Chris Dick, who is part of the dataindex.us team, said Thursday that no one is quite sure what is going on with the regulatory affairs website, whether there was an update with technical difficulties because of staffing shortages from job cuts or something more nefarious.

“This is key infrastructure that needs to come back,” Dick said. “Usually, you can fix this quickly. It’s not super normal for this to go on for days.”




Trump executive order gives politicians control over all federal grants
Attorney News | 2025/08/10 21:07

An executive order signed by President Donald Trump late Thursday aims to give political appointees power over the billions of dollars in grants awarded by federal agencies. Scientists say it threatens to undermine the process that has helped make the U.S. the world leader in research and development.

The order requires all federal agencies, including FEMA, the National Science Foundation and the National Institutes of Health, to appoint officials responsible for reviewing federal funding opportunities and grants, so that they “are consistent with agency priorities and the national interest.”

It also requires agencies to make it so that current and future federal grants can be terminated at any time — including during the grant period itself.

Agencies cannot announce new funding opportunities until the new protocols are in place, according to the order. The Trump administration said these changes are part of an effort to “strengthen oversight” and “streamline agency grantmaking.” Scientists say the order will cripple America’s scientific engine by placing control over federal research funds in the hands of people who are influenced by politics and lack relevant expertise.

“This is taking political control of a once politically neutral mechanism for funding science in the U.S.,” said Joseph Bak-Coleman, a scientist studying group decision-making at the University of Washington.

The changes will delay grant review and approval, slowing “progress for cures and treatments that patients and families across the country urgently need,” said the Association of American Medical Colleges in a statement.

The administration has already terminated thousands of research grants at agencies like the NSF and NIH, including on topics like transgender health, vaccine hesitancy, misinformation and diversity, equity and inclusion.

The order could affect emergency relief grants doled out by FEMA, public safety initiatives funded by the Department of Justice and public health efforts supported by the Centers for Disease Control. Experts say the order is likely to be challenged in court.


Judge blocks Trump’s birthright citizenship restrictions in third ruling
Attorney News | 2025/07/23 04:36

A federal judge on Friday blocked the Trump administration from ending birthright citizenship for the children of parents who are in the U.S. illegally, issuing the third court ruling blocking the birthright order nationwide since a key Supreme Court decision in June.

U.S. District Judge Leo Sorokin, joining another district court as well as an appellate panel of judges, found that a nationwide injunction granted to more than a dozen states remains in force under an exception to the Supreme Court ruling. That decision restricted the power of lower-court judges to issue nationwide injunctions.

The states have argued Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for health insurance services that are contingent on citizenship status. The issue is expected to move quickly back to the nation’s highest court.

White House spokeswoman Abigail Jackson said in a statement the administration looked forward to “being vindicated on appeal.”

New Jersey Attorney General Matthew Platkin, who helped lead the lawsuit before Sorokin, said in a statement he was “thrilled the district court again barred President Trump’s flagrantly unconstitutional birthright citizenship order from taking effect anywhere.”

“American-born babies are American, just as they have been at every other time in our Nation’s history,” he added. “The President cannot change that legal rule with the stroke of a pen.”

Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, saying it should be “tailored to the States’ purported financial injuries.”

Sorokin said a patchwork approach to the birthright order would not protect the states in part because a substantial number of people move between states. He also blasted the Trump administration, saying it had failed to explain how a narrower injunction would work.

“That is, they have never addressed what renders a proposal feasible or workable, how the defendant agencies might implement it without imposing material administrative or financial burdens on the plaintiffs, or how it squares with other relevant federal statutes,” the judge wrote. “In fact, they have characterized such questions as irrelevant to the task the Court is now undertaking. The defendants’ position in this regard defies both law and logic.”

Sorokin acknowledged his order would not be the last word on birthright citizenship. Trump and his administration “are entitled to pursue their interpretation of the Fourteenth Amendment, and no doubt the Supreme Court will ultimately settle the question,” Sorokin wrote. “But in the meantime, for purposes of this lawsuit at this juncture, the Executive Order is unconstitutional.”

The administration has not yet appealed any of the recent court rulings. Trump’s efforts to deny citizenship to children born to parents who are in the country illegally or temporarily will remain blocked unless and until the Supreme Court says otherwise.

A federal judge in New Hampshire issued a ruling earlier this month prohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit. U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed, his order went into effect.

On Wednesday, a San Francisco-based appeals court found the president’s executive order unconstitutional and affirmed a lower court’s nationwide block.

A Maryland-based judge said last week that she would do the same if an appeals court signed off.

The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.

Plaintiffs in the Boston case earlier argued that the principle of birthright citizenship is “enshrined in the Constitution,” and that Trump does not have the authority to issue the order, which they called a “flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.”

They also argue that Trump’s order halting automatic citizenship for babies born to people in the U.S. illegally or temporarily would cost states funding they rely on to “provide essential services” — from foster care to health care for low-income children, to “early interventions for infants, toddlers, and students with disabilities.”

At the heart of the lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision. That decision found that Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.



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