Second Memorandum to Congress: Detailing JAGs as Immigration Judges

Summary: This memo analyzes the legality and prudence of detailing up to 600 military judge advocates to serve as immigration judges. It outlines concerns under the Posse Comitatus Act, constitutional due-process requirements, risks of perceived bias, and effects on public trust. It also identifies operational risks associated with removing large numbers of JAGs from military units. The memo concludes that the practice is likely unlawful and undermines both due process and military effectiveness.

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