An open letter to the U.S. Congress

Oppose Deployment of Military Lawyers to Immigration Courts

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I am writing to express my deep concern and strong opposition to the Trump administration's plan to deploy up to 600 military lawyers (JAGs) to temporarily run immigration courts across the United States. This unprecedented move not only raises serious legal and constitutional questions but also threatens the fundamental separation between military and civilian legal systems that our democracy relies upon. The proposed plan is potentially unlawful, likely violating the Posse Comitatus Act, which restricts the use of military in civilian law enforcement. Legal experts, including former military lawyers and law professors, have voiced alarm that this action could be a step towards a military state, with no clear precedent in our nation's history. The use of military courts for civilian cases is described as an "essential component of martial law" – a chilling prospect for our democratic society. Furthermore, military lawyers typically have little to no experience with immigration law, which is a highly specialized and complex field. This lack of expertise could lead to miscarriages of justice and further complicate an already backlogged system. The Justice Department's decision to relax its criteria for temporary immigration judges to accommodate this plan is equally troubling, as it potentially compromises the quality and fairness of immigration proceedings. While initially described as a temporary measure, there's a concerning possibility for indefinite extension of these positions. This open-ended commitment of military resources to a civilian legal matter sets a dangerous precedent and blurs the crucial line between military and civilian authority. I urge you to take immediate action to prevent this plan from being implemented. Please use your position to: 1. Publicly denounce this unconstitutional overreach of military authority into civilian matters. 2. Introduce or support legislation that explicitly prohibits the use of military personnel in immigration courts. 3. Call for hearings to investigate the legality and implications of this proposed action. 4. Advocate for increased funding and resources for the existing immigration court system to address the backlog through proper civilian channels. The integrity of our legal system and the principles of our democracy are at stake. We must act now to preserve the separation of military and civilian powers and ensure that our immigration system, while in need of reform, remains within the bounds of civilian authority and expertise. Your swift and decisive action on this matter is crucial for upholding the constitutional values we hold dear.

▶ Created on September 3 by People Who Value Science

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