Memorandum for the Secretary: Legal Review of OLC Opinion on Judge Advocates Serving as Immigration Judges
- Former JAG Working Group
- Nov 13
- 1 min read
Summary: This internal legal review analyzes the Office of Legal Counsel’s opinion permitting military judge advocates to serve as immigration judges and Special Assistant U.S. Attorneys. The memo summarizes OLC’s rationale under the Economy Act and the Posse Comitatus Act (PCA), then outlines concerns regarding the continued applicability of the Uniform Code of Military Justice, potential PCA violations, due process implications, risks to judicial independence, lack of immigration-law expertise, and broader impacts on public trust and military professionalism. The memo recommends reconsideration of the OLC opinion.