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Military lawyers will serve as immigration judges as courts face massive backlog
Headline News |
2025/09/12 17:27
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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.
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Federal data website outage raises concerns among advocates
Headline News |
2025/08/22 13:21
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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.” |
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Immigration judges fired by Trump administration say they will fight back
Headline News |
2025/07/26 21:49
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Federal immigration judges fired by the Trump administration are filing appeals, pursuing legal action and speaking out in an unusually public campaign to fight back.
More than 50 immigration judges — from senior leaders to new appointees — have been fired since Donald Trump assumed the presidency for the second time. Normally bound by courtroom decorum, many are now unrestrained in describing terminations they consider unlawful and why they believe they were targeted.
Their suspected reasons include gender discrimination, decisions on immigration cases played up by the Trump administration and a courthouse tour with the Senate’s No. 2 Democrat.
“I cared about my job and was really good at it,” Jennifer Peyton, a former supervising judge told The Associated Press this week. “That letter that I received, the three sentences, explained no reason why I was fired.”
Peyton, who received the notice while on a July Fourth family vacation, was appointed judge in 2016. She considered it her dream job. Peyton was later named assistant chief immigration judge in Chicago, helping to train, mentor and oversee judges. She was a visible presence in the busy downtown court, greeting outside observers.
She cited top-notch performance reviews and said she faced no disciplinary action. Peyton said she’ll appeal through the Merit Systems Protection Board, an independent government agency Trump has also targeted.
Peyton’s theories about why she was fired include appearing on a “bureaucrat watchdog list” of people accused by a right-wing organization of working against the Trump agenda. She also questions a courthouse tour she gave to Sen. Dick Durbin of Illinois in June.
Durbin blasted Peyton’s termination as an “abuse of power,” saying he’s visited before as part of his duties as a publicly-elected official.
The nation’s immigration courts — with a backlog of about 3.5 million cases — have become a key focus of Trump’s hard-line immigration enforcement efforts. The firings are on top of resignations, early retirements and transfers, adding up to 106 judges gone since January, according to the International Federation of Professional and Technical Engineers, which represents judges. There are currently about 600 immigration judges.
Several of those fired, including Peyton, have recently done a slew of interviews on local Chicago television stations and with national outlets, saying they now have a platform for their colleagues who remain on the bench.
“The ones that are left are feeling threatened and very uncertain about their future,” said Matt Biggs, the union’s president.
Carla Espinoza, a Chicago immigration judge since 2023, was fired as she was delivering a verdict this month. Her notice said she’d be dismissed at the end of her two-year probationary period with the Executive Office for Immigration Review. |
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Judge asks if troops in Los Angeles are violating the Posse Comitatus Act
Headline News |
2025/06/19 19:45
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California’s challenge of the Trump administration’s military deployment in Los Angeles returned to a federal courtroom in San Francisco on Friday for a brief hearing after an appeals court handed President Donald Trump a key procedural win.
U.S. District Judge Charles Breyer put off issuing any additional rulings and instead asked for briefings from both sides by noon Monday on whether the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, is being violated in Los Angeles.
The hearing happened the day after the 9th Circuit appellate panel allowed the president to keep control of National Guard troops he deployed in response to protests over immigration raids.
California Gov. Gavin Newsom said in his complaint that “violation of the Posse Comitatus Act is imminent, if not already underway” but Breyer last week postponed considering that allegation.
Vice President JD Vance, a Marine veteran, traveled to Los Angeles on Friday and met with troops, including U.S. Marines who have been deployed to protect federal buildings.
According to Vance, the court determined Trump’s determination to send in federal troops “was legitimate” and he will do it again if necessary.
“The president has a very simple proposal to everybody in every city, every community, every town whether big or small, if you enforce your own laws and if you protect federal law enforcement, we’re not going to send in the National Guard because it’s unnecessary,” Vance told journalists after touring a federal complex in Los Angeles.
Vance’s tour of a multiagency Federal Joint Operations Center and a mobile command center came as demonstrations have calmed after sometimes-violent clashes between protesters and police and outbreaks of vandalism and break-ins that followed immigration raids across Southern California earlier this month. Tens of thousands have also marched peacefully in Los Angeles since June 8.
National Guard troops have been accompanying federal agents on some immigration raids, and Marines briefly detained a man on the first day they deployed to protect a federal building. The marked the first time federal troops detained a civilian since deploying to the nation’s second-largest city.
Breyer found Trump acted illegally when, over opposition from California’s governor, the president activated the soldiers. However, the appellate decision halted the judge’s temporary restraining order. Breyer asked the lawyers on Friday to address whether he or the appellate court retains primary jurisdiction to grant an injunction under the Posse Comitatus Act.
California has sought a preliminary injunction giving Newsom back control of the troops in Los Angeles, where protests have calmed down in recent days.
Trump, a Republican, argued that the troops have been necessary to restore order. Newsom, a Democrat, said their presence on the streets of a U.S. city inflamed tensions, usurped local authority and wasted resources.
The demonstrations appear to be winding down, although dozens of protesters showed up Thursday at Dodger Stadium, where a group of federal agents gathered at a parking lot with their faces covered, traveling in SUVs and cargo vans. The Los Angeles Dodgers organization asked them to leave, and they did.
On Tuesday, Los Angeles Mayor Karen Bass lifted a downtown curfew that was first imposed in response to vandalism and clashes with police after crowds gathered in opposition to agents taking migrants into detention.
Trump federalized members of the California National Guard under an authority known as Title 10.
Title 10 allows the president to call the National Guard into federal service when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is otherwise unable “to execute the laws of the United States.”
Breyer found that Trump had overstepped his legal authority, which he said allows presidents to control state National Guard troops only during times of “rebellion or danger of a rebellion.”
“The protests in Los Angeles fall far short of ‘rebellion,’ ” wrote Breyer, a Watergate prosecutor who was appointed by President Bill Clinton and is the brother of retired Supreme Court Justice Stephen Breyer.
The Trump administration argued that courts can’t second-guess the president’s decisions. The appellate panel ruled otherwise, saying presidents don’t have unfettered power to seize control of a state’s guard, but the panel said that by citing violent acts by protesters in this case, the Trump administration had presented enough evidence to show it had a defensible rationale for federalizing the troops.
For now, the California National Guard will stay in federal hands as the lawsuit proceeds. It is the first deployment by a president of a state National Guard without the governor’s permission since troops were sent to protect Civil Rights Movement marchers in 1965.
Trump celebrated the appellate ruling in a social media post, calling it a “BIG WIN” and hinting at more potential deployments.
Newsom, for his part, has also warned that California won’t be the last state to see troops in the streets if Trump gets his way.
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Judge blocks plan to allow immigration agents in New York City jail
Headline News |
2025/06/15 18:10
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A judge blocked New York City’s mayor from letting federal immigration authorities reopen an office at the city’s main jail, in part because of concerns the mayor invited them back in as part of a deal with the Trump administration to end his corruption case.
New York Judge Mary Rosado’s decision Friday is a setback for Democratic Mayor Eric Adams, who issued an executive order permitting U.S. Immigration and Customs Enforcement and other federal agencies to maintain office space at the Rikers Island jail complex. City lawmakers filed a lawsuit in April accusing Adams of entering into a “corrupt quid pro quo bargain” with the Trump administration in exchange for the U.S. Justice Department dropping criminal charges against him.
Rosado temporarily blocked the executive order in April. In granting a preliminary injunction, she said city council members have “shown a likelihood of success in demonstrating, at minimum, the appearance of a quid pro quo whereby Mayor Adams publicly agreed to bring Immigration and Customs Enforcement (”ICE”) back to Rikers Island in exchange for dismissal of his criminal charges.”
Rosado cited a number of factors, including U.S. border czar Tom Homan’s televised comments in February that if Adams did not come through, “I’ll be in his office, up his butt saying, ‘Where the hell is the agreement we came to?’ ”
Adams has repeatedly denied making a deal with the administration over the criminal case. He has said he deputized his first deputy mayor, Randy Mastro, to handle decision-making on the return of ICE to Rikers Island to make sure there was no appearance of any conflict of interest.
Rosado said that Mastro reports to Adams and “cannot be considered impartial and free from Mayor Adams’ conflicts.”
Mastro said in a prepared statement Friday the administration was confident they will prevail in the case. “Let’s be crystal clear: This executive order is about the criminal prosecution of violent transnational gangs committing crimes in our city. Our administration has never, and will never, do anything to jeopardize the safety of law-abiding immigrants, and this executive order ensures their safety as well,” Mastro said.
City Council Speaker Adrienne Adams, who is running in the Democratic primary for mayor, called the decision a victory for public safety.
“New Yorkers are counting on our city to protect their civil rights, and yet, Mayor Adams has attempted to betray this obligation by handing power over our city to Trump’s ICE because he is compromised,” she said in a prepared statement.
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Labor Law Attorneys in Queens, NY - Seo Law Group, PLLC
Headline News |
2025/06/06 01:12
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With years of experience representing both employees and employers, our firm has developed a comprehensive understanding of the legal challenges that arise in today’s workplaces. Our labor and employment attorneys provide strategic, personalized representation tailored to your specific circumstances.
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Whether you're an individual seeking justice or a business seeking clarity, we are here to help. |
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Trump says he’s in ‘no rush’ to end tariffs as he meets with Italy’s Meloni
Headline News |
2025/04/18 14:49
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President Donald Trump said Thursday he is in “no rush” to reach any trade deals because he views tariffs as making the United States wealthy. But he suggested while meeting with Italian Premier Giorgia Meloni that it would be easy to find an agreement with the European Union and others.
Trump played down the likelihood of an accelerated timeline to wrap up deals, saying other countries “want to make deals more than I do.”
“We’re in no rush,” said Trump, hinting he has leverage because other countries want access to U.S. consumers.
Even though Trump has a warm relationship with Meloni, she was unable in their meeting to change his mind on tariffs.
“No, tariffs are making us rich. We were losing a lot of money under Biden,” Trump said of his predecessor, Democrat Joe Biden. “And now that whole tide is turned.”
Trump is convinced that his devotion to tariffs will yield unprecedented wealth for his country even as the stock market has dropped, interest on U.S. debt has risen and CEOs are warning of price increases and job losses in what increasingly looks like a threat to the existing structure of the world economy.
A bond market panic was enough for Trump to partially pull back on his tariffs, causing him to pause his 20% import taxes on the EU for 90 days and charge a baseline 10% instead. Meloni’s visit showed the challenge faced even by leaders who enjoy a rapport with Trump.
After they met, Trump told reporters that trade talks were easier than other business negotiations such as mergers. He said he had spoken with Chinese officials about tariffs “a lot” and the amount of his import taxes could be influenced by China approving a sale of the social media site TikTok. He also seemed to contradict his previous statement Thursday morning about being in no rush to make trade deals “over the next three or four weeks.”
Even then, Trump showed no interest in fully severing his tariffs. “Tariff negotiations are actually simpler than everyone has said,” Trump said. “A number of people are going to pay that number or they’re going to decide to go elsewhere if there is such a place. There really is no elsewhere.”
Meloni had, in a sense, been “knighted” to represent the EU at a critical juncture in the fast-evolving trade war that has stoked recession fears. The U.S. administration has belittled its European counterparts for not doing enough on national security while threatening their economies with tariffs, sparking deep uncertainty about the future of the trans-Atlantic alliance.
She sought to portray the U.S. and Europe as natural allies in Western civilization and said it was important to “try to sit down and find solution” to tensions over trade and national security.
The EU is defending what it calls “the most important commercial relationship in the world,’’ with annual trade with the U.S. totaling 1.6 trillion euros ($1.8 trillion). It was unclear, based on Meloni’s public interactions with Trump, whether the premier has a clear understanding of what Trump wants as part of an agreement.
His administration has said its tariffs would enable trade negotiations that would box out China, the world’s dominant manufacturer. But Trump maintains that rivals and allies alike have taken advantage of the U.S. on trade, a position that has frustrated long-standing partners and raised concerns about whether Trump is a trustworthy dealmaker.
Trump tried to push back against claims that his tariffs are harming the economy, saying that gasoline and egg prices are already dropping. The president blamed the Federal Reserve for interest rates rising on U.S. debt. Rates largely increased because investors were worried about Trump’s tariff plans and they became less willing to buy Treasury notes, while the central bank has held steady on its own benchmark rates because of economic uncertainty.
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