Detailing Attorneys to the Department of Justice to Serve as Immigration Judges & Special Assistant United States Attorneys

The Department of Justice's (DOJ) Office of Legal Counsel (OLC) issued an opinion on the detail of Department of Defense (DOD) attorneys to DOJ to serve as immigration attorneys. OLC's opinion concluded: "[DOD] may detail attorneys to serve as immigration judges on a reimbursable basis. The Department may also detail attorneys to serve as Special Assistant United States Attorneys on a non-reimbursable basis so long as a purpose of the detail is to provide training. The Posse Comitatus Act does not preclude the use of military attorneys as immigration judges or Special Assistant United States Attorneys provided the details occur on a full-time basis and the detailees operate fully under civilian control and supervision."