Senate democrats Raise Concerns Over Deployment of Military Lawyers to Immigration Courts
WASHINGTON – A group of Senate Democrats has expressed ”deep concern” over a Pentagon plan to reassign military lawyers to serve as immigration judges, fearing teh move will undermine the military justice system and perhaps violate the Posse Comitatus Act. The lawmakers, in a letter to the Pentagon, questioned the impact on service members navigating the military’s judicial process, particularly following recent reforms aimed at strengthening independent prosecution of serious military offenses.
The plan, outlined in a Pentagon memo, involves detailing military lawyers to immigration courts for up to six months. While the Justice Department would be responsible for ensuring compliance with the Posse Comitatus Act – which generally prohibits the military from engaging in domestic law enforcement - senators worry the reassignment will strain resources within the newly established Offices of Special Trial Counsel (OSTCs). These offices, created by Congress in 2022, were designed to remove prosecutorial power from commanders and place it with independent military attorneys, especially in cases of sexual assault and other serious crimes.
The senators’ letter specifically asks the Pentagon to detail how it will “preserve the OSTC’s progress in building specialized trial capacity” and prevent delays or diminished quality in court-martials due to the diversion of legal personnel. The OSTCs began taking cases at the end of last year.
“These reassignments come at a time onyl shortly after congress wholly overhauled how the military investigates and prosecutes serious ‘covered’ criminal offenses … by establishing the Offices of Special Trial Counsel (OSTCs) in each of the Services,” the letter reads.The senators further suggested the plan reflects a broader approach by the Trump administration of treating “skilled personnel as pawns to be traded between agencies…in order to advance misguided immigration policies.”
