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Reposted by Tony Ghiotto

University of Illinois College of Law @law.illinois.edu · 29/09/2025

Is the practice of using service member attorneys as immigration judges legal? Is it alarming? Professors Lesley Wexler and Tony Ghiotto explore these questions and more in a two-part series for Justia Verdict. Part 1: verdict.justia.com/2025/09/10/p...

verdict.justia.com

Probably Lawful but Definitely Awful: Deployment of Military Attorneys for Civilian Practice— Part One in a Two-Part Series of Columns

In this two-part series of columns, Illinois Law professors Lesley M. Wexler and Anthony Ghiotto examine the Trump administration’s increasing domestic use of military personnel—particularly military attorneys (JAGs)—to enforce civilian law, highlighting legal concerns surrounding the Posse Comitatus Act. Professors Wexler and Ghiotto argue in Part I that while the use of JAGs as prosecutors and immigration judges may technically be lawful under limited congressional exceptions, it undermines civil-military boundaries and raises serious constitutional and due process concerns.

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