|
|
|
Military lawyers will serve as immigration judges as courts face massive backlog
Law Center |
2025/09/12 10:18
|
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. |
|
|
|
|
|
|
New Orleans mayor pleads not guilty on corruption charges tied to alleged affair
Court Watch |
2025/09/07 10:19
|
New Orleans Mayor LaToya Cantrell pleaded not guilty Wednesday to conspiracy, fraud and obstruction charges stemming from an alleged romantic relationship with her bodyguard.
The Democrat appeared in federal court for the first time since a grand jury last month returned an 18-count indictment against Cantrell and her bodyguard, Jeffrey Vappie, outlining what prosecutors described as their yearslong scheme to conceal an affair while the two traveled, wined and dined together on taxpayers’ dime.
U.S. Magistrate Judge Karen Wells Roby ordered the mayor to surrender her passport and restricted her travel, instructing her to seek approval from probation officers to leave southeast Louisiana. Roby also told Cantrell she was not allowed to be in contact with Vappie.
Vappie has already pleaded not guilty to charges of wire fraud and making false statements after he was indicted in July 2024. He is scheduled to appear in court Friday for the additional charges.
Cantrell, the first female mayor in New Orleans’ 300-year history, was elected twice but now becomes the city’s first mayor to be charged while in office in a state with a reputation for public corruption. She has only four months before she leaves office under term limits.
The mayor once known for her outspoken persona has kept quiet about the charges in the weeks since the 18-count indictment against her and Vappie was announced in mid-August. She did not acknowledge the indictment during public appearances to commemorate the 20th anniversary of Hurricane Katrina late last month.
While walking into the court building, Cantrell remained silent as a mob of reporters pressed her with questions. After the arraignment, her attorney, Eddie Castaing, declined to comment on the case but said it would not affect the mayor’s ability to govern the city.
“She can continue to work with city employees, she just couldn’t talk about the case so that’s not going to impede any of the city operations, so it’s business as usual,” Castaing said.
Cantrell, who exited court through a side door to avoid reporters, was already receding into the background of city affairs over the past year and offered no apparent resistance to President Donald Trump’s suggestion earlier this month to send the National Guard and federal agents to New Orleans even as other Democrats bristled.
She’s also been cast as a pariah by U.S. Department of Housing and Urban Development Secretary Scott Turner, who announced on Sept. 3 that Cantrell was suspended from involvement in federal transactions with HUD. The City Council issued a statement last week saying it had reassured the Housing Authority of New Orleans and the Office of Community Development that other city officials could sign federal contracts instead.
At times, she and her allies have said the blowback she is experiencing is tinged by double standards she faces as a Black woman. Cantrell said earlier this year, before to the indictment, that she has faced “very disrespectful, insulting, in some cases kind of unimaginable” treatment.
Cantrell and Vappie used WhatsApp for more than 15,000 messages, where they professed their love and plotted to harass a citizen who helped expose their relationship, delete evidence, make false statements to FBI agents “and ultimately to commit perjury before a federal grand jury,” acting U.S. Attorney Michael Simpson said. Vappie’s 14 trips with Cantrell cost taxpayers $70,000, not including Cantrell’s own travel costs, according to the indictment.
In a WhatsApp exchange, the indictment says, Vappie recalled accompanying Cantrell to Scotland in October 2021 on a dreamy trip “where it all started.”
Cantrell, whose husband died in 2023, has denied having anything more than a professional relationship with Vappie. She lashed out at associates who raised questions about the amount of time she spent with her bodyguard, including on wine-tasting trips and in a city-owned apartment, court records show.
Cantrell joins the ranks of more than 100 people brought up on corruption charges in Louisiana in the past two decades, said Rafael Goyeneche, a former prosecutor who is president of the Metropolitan Crime Commission, a watchdog group. |
|
|
|
|
|
|
Trump asks Supreme Court to quickly take up tariffs case and reverse ruling
Court Watch |
2025/09/04 13:47
|
The Trump administration took the fight over tariffs to the Supreme Court on Wednesday, asking the justices to rule quickly that the president has the power to impose sweeping import taxes under federal law.
The government called on the court to reverse an appeals court ruling that found most of President Donald Trump’s tariffs are an illegal use of an emergency powers law.
It’s the latest in a series of Trump administration appeals to a Supreme Court he helped shape, and one that is expected to put a centerpiece of the president’s trade policy before the justices.
The U.S. Court of Appeals for the Federal Circuit left the tariffs in place for now, but the administration nevertheless called on the high court to intervene quickly in a petition filed electronically late Wednesday and provided to The Associated Press. It was expected to be formally docketed on Thursday.
Solicitor General D. John Sauer asked the justices to take up the case and hear arguments in early November.
“That decision casts a pall of uncertainty upon ongoing foreign negotiations that the President has been pursuing through tariffs over the past five months, jeopardizing both already negotiated framework deals and ongoing negotiations,” he wrote. “The stakes in this case could not be higher.”
But the stakes are also high for small businesses battered by tariffs and uncertainty, said Jeffrey Schwab, senior counsel and director of litigation at the Liberty Justice Center.
“These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival. We hope for a prompt resolution of this case for our clients,” he said.
The businesses have twice prevailed, once at a federal court focused on trade and again with the appeals court’s 7-4 ruling.
Their lawsuit is one of several challenging the tariffs and erratic rollout that have shaken global markets, alienated U.S. trading partners and allies and raised fears of higher prices and slower economic growth.
But Trump has also used the levies to pressure the European Union, Japan and other countries into accepting new trade deals. Revenue from tariffs totaled $159 billion by late August, more than double what it was at the same point the year before.
Most judges on the U.S. Court of Appeals for the Federal Circuit found the 1977 International Emergency Economic Powers Act, or IEEPA, did not let Trump usurp congressional power to set tariffs. The dissenters, though, said the law does allow the president to regulate importation during emergencies without explicit limitations.
The ruling involves two sets of import taxes, both of which Trump justified by declaring a national emergency: the tariffs first announced in April and the ones from February on imports from Canada, China and Mexico.
The Constitution gives Congress the power to impose taxes, including tariffs. But over the decades, lawmakers have ceded authority to the president, and Trump has made the most of the power vacuum.
Some Trump tariffs, including levies on foreign steel, aluminum and autos, weren’t covered by the appeals court ruling. It also does not include tariffs Trump imposed on China in his first term that were kept by Democratic President Joe Biden.
Trump can impose tariffs under other laws, but those have more limitations on the speed and severity with which he could act.
The government has argued that if the tariffs are struck down, it might have to refund some of the import taxes that it’s collected, delivering a financial blow to the U.S. Treasury.
|
|
|
|
|
|
|
Mexico’s first elected Supreme Court faces critical test of independence
Legal Interview |
2025/09/01 13:47
|
Mexico’s first elected Supreme Court will be seated Monday and observers will be watching closely to see whether it will assert its independence from the governing party that held the country’s first judicial elections.
Just three of its nine justices have any experience on the high court, the rest are new, including the court’s president Hugo Aguilar, a lawyer who spent his career defending Indigenous rights.
The idea of judicial elections came from Mexico’s former President Andres Manuel Lopez Obrador, who frequently clashed with judges who challenged his agenda. He said judges elected by the people would be more accountable and less corrupt. Critics said electing judges risked politicizing the judiciary.
The election was supposed to be nonpartisan, but there were instances of voting pamphlets being distributed that identified candidates linked to the governing party. Many voters were simply overwhelmed by the 7,700 candidates vying for more than 2,600 judicial positions.
The Supreme Court, however, will receive special attention. It had been a counterweight at times to the popular Lopez Obrador, whose Morena party also now holds majorities in both chambers of Congress.
It’s an issue that has brought broad international criticism to Mexico. Lopez Obrador expanded the crimes for which someone is automatically jailed pending trial, including for some nonviolent crimes. The policy appears to violate international treaties which Mexico has signed.
The U.N. High Commissioner for Human Rights Office and the Inter-American Court on Human Rights are among the bodies that have called for Mexico to repeal the policy.
The Mexican government says that it is a necessary tool to take on criminal activity and to protect judges.
But in a country where cases can drag on for years without a trial reaching a conclusion and only one in five of those charged are convicted, critics say the policy violates their rights. Four of every 10 people in Mexican prisons had not been convicted in 2023, according to the Federal and State Penitentiary Systems census.
The previous court declined to take it up in its final days.
|
|
|
|
|
|
|
US deportation flights hit record highs as carriers try to hide the planes
Legal Focuses |
2025/08/27 13:48
|
Immigration advocates gather like clockwork outside Seattle’s King County International Airport to witness deportation flights and spread word of where they are going and how many people are aboard. Until recently, they could keep track of the flights using publicly accessible websites.
But the monitors and others say airlines are now using dummy call signs for deportation flights and are blocking the planes’ tail numbers from tracking websites, even as the number of deportation flights hits record highs under President Donald Trump. The changes forced them to find other ways to follow the flights, including by sharing information with other groups and using data from an open-source exchange that tracks aircraft transmissions.
Their work helps people locate loved ones who are deported in the absence of information from U.S. Immigration and Customs Enforcement, which rarely discloses flights. News organizations have used such flight tracking in reporting.
Tom Cartwright, a retired J.P. Morgan financial officer turned immigration advocate, tracked 1,214 deportation-related flights in July ? the highest level since he started watching in January 2020. About 80% are operated by three airlines: GlobalX, Eastern Air Express and Avelo Airlines. They carry immigrants to other airports to be transferred to overseas flights or take them across the border, mostly to Central American countries and Mexico.
Cartwright tracked 5,962 flights from the start of Trump’s second term through July, a 41% increase from 1,721 over the same period in 2024. Those figures including information from major deportation airports but not smaller ones like King County International Airport, also known as Boeing Field. Cartwright’s figures include 68 military deportation flights since January ? 18 in July alone. Most have gone to Guantanamo Bay, Cuba.
The work became so demanding that Cartwright, 71, and his group, Witness at the Border, turned over the job this month to Human Rights First, which dubbed its project “ICE Flight Monitor.”
“His work brings essential transparency to U.S. government actions impacting thousands of lives and stands as a powerful example of citizen-driven accountability in defense of human rights and democracy,” Uzrz Zeya, Human Rights First’s chief executive officer, said.
The airlines did not respond to multiple email requests for comment. ICE is part of the Department of Homeland Security, which would not confirm any security measures it has taken.
La Resistencia, a Seattle-area nonprofit immigration rights group, has monitored 59 flights at Boeing Field and five at the Yakima airport in 2025, surpassing its 2024 total of 42.
Not all are deportation flights. Many are headed to or from immigration detention centers or to airports near the border. La Resistencia counted 1,023 immigrants brought in to go to the ICE detention center in Tacoma, Washington, and 2,279 flown out, often to states on the U.S.-Mexico border.
|
|
|
|
|
|
|
Federal data website outage raises concerns among advocates
Legal Interview |
2025/08/22 07:39
|
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.”
|
|
|
|
|
|
Legal News RSS Feed
