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Military Lawyers as Temporary Immigration Judges?

Episode length: 33m

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This week’s Parsing Immigration Policy podcast examines the Trump administration’s initiative to temporarily detail military lawyers -- Judge Advocates General (JAGs) -- to serve as temporary immigration judges, with the first group beginning training this week.

Host Mark Krikorian, executive director of the Center for Immigration Studies, is joined by Andrew Arthur, the Center’s fellow in law and policy and a former immigration judge, to discuss the legal, practical, and political implications of the move.

Key points include:

  • The U.S. immigration court system currently has about 650 permanent judges; the addition of 100 JAGs as temporary judges could significantly expand capacity, with the administration aiming to add hundreds more.
  • The Department of Justice has had mechanisms since 2014 to appoint temporary immigration judges.
  • Most JAGs lack immigration law experience, but Arthur notes that immigration courts often focus on determinations of removability and eligibility for relief -- areas where experienced litigators can adapt quickly.
  • New judges receive a week of formal training and two weeks of supervised hearings, similar to what Arthur himself received.
  • The episode also addresses the multiple due process safeguards, the backlog impact, and whether the move raises concerns under the Posse Comitatus Act.

In his closing commentary, Krikorian discusses the government shutdown and the debate over healthcare for illegal immigrants, referencing a recent CIS blog post by Jason Richwine, “Of Course Illegal Immigrants Access Public Health Benefits”. He notes that the budget dispute is real but distracts from a broader truth: Illegal immigrants access public health programs through multiple channels, benefits that will continue regardless of how the shutdown is resolved.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Andrew Arthur is a Fellow in Law and Policy at the Center for Immigration Studies.

Related

Pentagon to Send 600 Lawyers to Serve as Temporary Immigration Judges

Of Course Illegal Immigrants Access Public Health Benefits

Intro Montage

Voices in the opening montage:

  • Sen. Barack Obama at a 2005 press conference.
  • Sen. John McCain in a 2010 election ad.
  • President Lyndon Johnson, upon signing the 1965 Immigration Act.
  • Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
  • Laraine Newman as a "Conehead" on SNL in 1977.
  • Hillary Clinton in a 2003 radio interview.
  • Cesar Chavez in a 1974 interview.
  • House Speaker Nancy Pelosi speaking to reporters in 2019.
  • Prof. George Borjas in a 2016 C-SPAN appearance.
  • Sen. Jeff Sessions in 2008 comments on the Senate floor.
  • Candidate Trump in 2015 campaign speech.
  • Charlton Heston in "Planet of the Apes".
Host:
Mark Krikorian