A bipartisan group of senators are urging Secretary of Defense Jim Mattis to keep judge advocate generals — military lawyers — “within the military justice system” after it was reported the Pentagon would be sending JAGs to prosecute immigration cases in Southwestern states.
Sens. Kirsten Gillibrand, D-N.Y., Joni Ernst, R-Iowa, and Patrick Leahy, D-Vt., sent a letter to Mattis after MSNBC first reported a minimum of 21 JAGs would be sent to Arizona, Texas, and New Mexico to assist with immigration-related cases as part of a six-month temporary duty tour, where they will work as special assistant U.S. attorneys.
“For years, Congress has worked with the Department on reforming the military justice system and providing the services with the resources to support the critical mission of promoting justice and maintaining good order and discipline within the armed forces,” the lawmakers wrote to Mattis. “We are, therefore, deeply troubled by the Department’s decision to send twenty-one active and reserve JAGs to the border on temporary order to prosecute immigration cases.”
The lawmakers noted that the military needs more lawyers at its disposal for its “critical military justice practice.”
“While JAGs currently serve as Special Assistant United States Attorneys throughout the country, this occurs in districts with military installations and involves working on cases with a clear military nexus such as theft from a commissary or civilian DUIs on a military base,” they wrote. “However, unlike those situations, these twenty-one JAGs are being directed to practice wholly outside of their training, within the vast and complex immigration arena.”
“Pulling twenty-one trial counsel from military courtrooms to prosecute immigration cases is an inappropriate misapplication of military personnel,” they added. “We urge you to maintain these resources within the military justice system.”
The letter comes amid backlash to the Trump administration’s zero tolerance policy to prosecute all illegal immigrants. The Department of Homeland Security recently confirmed that thousands of minors attempting to enter the country between the ports of entry were separated from accompanying adults after the Trump administration’s policy took effect.
In response, Trump signed an executive order Wednesday to prevent the splitting up of apprehended immigrant families.
The Department of Homeland Security announced Thursday that it will start keeping verified family units together, but said that those that have already been split will not be reunited until the adult’s legal case has finished.
