Imagine you’re facing an immigration hearing tomorrow. You’ve prepared, gathered documents, maybe even hired a lawyer. But when you step into court, the judge sitting in front of you isn’t from the immigration bench. They’re wearing a military uniform. They’re not a judge by profession, they’re a military attorney, temporarily assigned to decide your future. Would that change how you feel about your case? This scenario could soon become reality for thousands of immigrants.
In late August 2025, the Department of Defense announced plans to assign up to 600 military attorneys, both uniformed and civilian, as temporary immigration judges, in coordination with the Department of Justice (DOJ). According to an internal memo, the first wave of 150 attorneys is expected to be identified in a matter of days, with deployment “as soon as practicable.” The implications for immigrant families across the country, including here in Connecticut, are serious and so are the questions this raises about fairness, due process, and the true intent behind the Trump administration’s immigration crackdown. Let’s break down what this move could mean for you or your loved ones.
Why Is the Military Stepping Into Immigration Court?
The Trump administration has been steadily expanding the role of the U.S. military in domestic immigration enforcement, troops patrolling the border, National Guard units in U.S. cities, migrant housing on military bases, and now judicial decisions in immigration courtrooms.
This is part of a larger trend: increased deportations, expedited removals, and a push to process immigrants as quickly and aggressively as possible. By calling on military attorneys to serve as judges, the administration claims it’s solving a backlog problem. But many advocates and legal professionals including our team at The Law Offices of James A. Welcome see a much deeper issue.
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What Is a Temporary Immigration Judge?
Under a new federal rule published on August 28, 2025, the DOJ now has the authority to appoint “temporary immigration judges,” including individuals who are not part of the traditional immigration court system. That includes attorneys from other agencies and now, apparently, military lawyers.
These attorneys may not have any formal background in immigration law. They may not understand asylum protections, family-based waivers, or the nuances of trauma-related testimony. They are being sent into courtrooms with limited preparation, under the directive of speeding up enforcement.
At our firm, we’ve represented thousands of immigrants in Waterbury, Hartford, Danbury, Bridgeport, and Norwalk. We know just how complex these cases can be. The law is not black and white. It takes time, compassion, and experience. So we ask:
What happens when the person making life-altering decisions hasn’t spent years immersed in immigration law? Can justice still be served?
Is This Even Constitutional?
There is growing concern that inserting military attorneys into civilian immigration court may blur the line between military enforcement and civilian due process. Immigration court is already an administrative system, it is not part of the judicial branch. That means immigrants do not have the same protections as criminal defendants, such as the right to a court-appointed lawyer or an impartial jury.
Adding military attorneys to the bench raises fresh constitutional questions:
- Can someone facing removal trust that the judge deciding their fate isn’t carrying out a political agenda?
- Are there checks in place to ensure impartiality?
- Will immigrants be told that their judge has no formal experience with immigration cases?
These aren’t hypothetical concerns. They affect real people with real families, many of whom have lived in the U.S. for years, contributed to their communities, paid taxes, and raised American-born children.
How Might This Change the Outcome of a Case?
Let’s say your case is scheduled for hearing next month in Hartford immigration court. You’ve filed for asylum based on gang violence in your home country. You’re a survivor of trauma, and your evidence includes medical records, expert declarations, and a psychological evaluation.
Now imagine that your case lands before a temporary judge with no prior training in asylum law, trauma-informed testimony, or U.S. immigration relief pathways.
Would they fully understand your story? Would they apply the law correctly? Or would they focus on speed over justice?
With 600 new judges expected to be added rapidly, the risk of errors skyrockets. Misunderstandings, misapplications of the law, and rushed decisions could become common. And with the Biden-era training and sensitivity standards now removed, immigrants are left more vulnerable than ever.
What Does This Mean for Immigrants in Connecticut?
Whether you’re living in Waterbury, Hartford, Danbury, Bridgeport, Norwalk, or New Haven, this shift could affect your case or the case of someone you love.
The immigration court system is already unpredictable. Cases can be moved, delayed, or reassigned with little notice. Now, you could face a military-appointed judge with no local roots, no accountability to the bench, and a mandate to move quickly.
You may never get to explain your case fully. You may not have time to find an attorney. You may not even know your rights were violated until it’s too late. That’s why Attorney James A. Welcome urges all immigrants in Connecticut: Do not wait until your hearing to get help. Start asking questions now.
What Questions Should You Be Asking Right Now?
If you’re unsure whether this new policy could affect your situation, here are important questions you should ask yourself or better yet, ask your immigration attorney today:
- Is my case currently pending with the immigration court?
If your case is active, there’s a chance a temporary judge could be assigned. Ask for a case status update through your attorney or the EOIR hotline. - Do I have an upcoming hearing scheduled for this fall or winter?
The memo indicates rapid deployment of military attorneys to immigration courts. Could your hearing be reassigned or expedited without your knowledge? - Do I know who my judge is? Has that changed recently?
It’s essential to monitor whether the judge assigned to your case is still the same. If you notice changes, your attorney may need to file motions or updates. - Do I have legal representation on file?
If ICE or the court doesn’t have your attorney of record properly listed, critical information might be sent directly to you or worse, not sent at all. - Do I understand what forms of relief I might qualify for?
Are you pursuing asylum, cancellation of removal, a green card, or another form of relief? If you can’t explain your case in one sentence, it’s time for a legal check-in. - If I’m detained, will my family know how to reach a lawyer quickly?
Having a plan is just as important as having a case. Your family should know your attorney’s name and contact info, and your attorney should know how to reach your emergency contacts. - Have I submitted all necessary supporting evidence like country condition reports, expert statements, or medical documentation?
A rushed hearing with a temporary judge may leave little room for extensions. Is your file ready for review? - Am I at risk of expedited removal or third-country deportation?
New enforcement patterns and court decisions make it easier for the government to remove people without notice or to countries they’ve never lived in. Do you know if this could apply to you?
If the answer to any of these is “I’m not sure,” you’re not alone—but you are at risk. This is not a time to guess. The pace and pressure behind immigration court decisions are shifting fast, and those without representation or preparation could be left behind. At The Law Offices of James A. Welcome, we encourage every immigrant, documented or undocumented to take these questions seriously.
Do you know your rights if a military attorney is assigned to your case? Have you had a second opinion on your immigration strategy recently? Are you prepared to challenge a rushed or misinformed decision? Now is the time to ask these questions. And if you don’t have the answers, now is the time to reach out.
How Our Law Firm Can Help
At The Law Offices of James A. Welcome, we’ve helped thousands of immigrants across Connecticut protect their status, defend their rights, and fight unjust removal orders. We understand that every client’s story matters and we work tirelessly to ensure that story is heard.
With the Trump administration taking increasingly aggressive steps, including third-country deportations, ICE raids, expanded detention, and now military judges our team is more committed than ever to standing by immigrant families.
We offer:
- Detailed case evaluations to identify risks and opportunities
- Representation at hearings with a focus on strategy and evidence
- Emergency legal support if you are detained or face fast-tracked removal
- Filing of motions to reopen or stay removal
- Preparation of country condition evidence and expert support
You don’t have to go through this alone and you shouldn’t.
Final Thoughts: Is This the System We Want?
Assigning 600 military attorneys to immigration court may seem like a practical solution to reduce case backlogs. But the reality on the ground is far more complex. Immigration cases often involve nuanced legal arguments, trauma-informed evidence, and rapidly changing laws. These are not cases that can be fairly evaluated by individuals without deep experience in immigration law. When the person sitting on the bench is unfamiliar with the complexities of asylum protections, waivers, or humanitarian defenses, the risk of wrongful decisions grows significantly.
For immigrants and their families, the stakes could not be higher. A rushed or misinformed decision could mean permanent separation from loved ones, loss of lawful status, or deportation to dangerous conditions. Military attorneys assigned temporarily may not have the training or oversight needed to ensure that these cases receive the attention they deserve. There are also serious concerns about impartiality, transparency, and whether due process can be maintained under these rapid deployments.
This shift raises important questions that every immigrant facing removal should ask: Who is presiding over my hearing? Do they have immigration law experience? Will my case be heard thoroughly and fairly? If you don’t know the answers, now is the time to speak to an immigration attorney. At The Law Offices of James A. Welcome, we are here to help you understand your rights, prepare your case, and make sure you are treated with the fairness the law requires. Call us at (203) 753-7300 or visit www.welcomelawfirm.com to speak with our team today.
