Original Date Announced

EOIR issued a final rule eliminating prior regulatory requirements for the appointment of Temporary Immigration Judges (TIJs). The rule amends 8 CFR § 1003.10(e)(1) to permit the EOIR Director, with the approval of the Attorney General, to designate or select "any attorney" to serve as a TIJ for a renewable term not to exceed six months. Prior to this rule, TIJs were limited to "former IJs and Appellate Immigration Judges, EOIR administrative law judges (ALJ) or ALJs retired from EOIR, ALJs from other Executive Branch agencies with the consent of their agencies, and [DOJ] attorneys with at least 10 years of legal experience in the field of immigration law." The new requirements mirror those for hiring a permanent IJ.

The final rule also replaces "noncitizen" with "alien" and "unaccompanied child" with "unaccompanied alien child" in a number of EOIR regulations.

Trump 2.0 [ID #1969]

Subsequent Trump and Court Action

2025.09.02 Reported: Pentagon authorizes up to 600 military lawyers to serve as temporary immigration judges - AP

AP reports that Defense Secretary Pete Hegseth approved sending up to 600 military lawyers to the Department of Justice to serve temporarily as immigration judges, according to a memo AP reviewed. The moves, which will occur "as soon as possible," come as over 100 immigration judges have left or been fired since President Trump took office in January 2025.

Note that the Pentagon memo was reportedly dated August 27, but this entry is dated September 2 to avoid sequencing confusion with TIJ Final Rule.

Subsequent Trump and Court Action

2025.10.02 Reported: Trump administration taps Army Reserve and National Guard for temporary immigration judges - AP

AP reports that the military lawyers tapped to become temporary immigration judges consist of both National Guard and Army Reserve lawyers. Training for the first group of Army Reserve lawyers begins on October 6, with another group to follow in the spring. Roughly 100 Army Reserve lawyers are expected to participate, with 50 beginning a nearly six-month assignment immediately after their training. A separate notification seeking volunteers from active-duty and reserve National Guard members was sent on September 6.