A U.S. Army Reserve lawyer detailed as a temporary immigration judge was dismissed roughly five weeks after beginning work in late October, after granting asylum or other relief in a majority of the cases he decided in November, federal records and advocacy groups say.
What Happened
Christopher Day began hearing cases in late October at the immigration court in Annandale, Virginia. The National Association of Immigration Judges confirmed he was fired around Dec. 2. Justice Department and Pentagon officials declined to discuss personnel matters, and Day did not respond to requests for comment.
Decisions Out Of Step With Trends
Federal data analyzed by Mobile Pathways, a San Francisco–based nonprofit, show Day concluded 11 cases in November and granted asylum or another form of relief allowing migrants to remain in the United States in six of those matters. Those outcomes diverge from recent trends under the administration’s effort to accelerate removals.
Policy Context: Military Detailees And 'Deportation Judges'
The dismissals come amid an administration-wide push to overhaul the nation's 75 immigration courts and reduce a backlog of roughly 3.8 million asylum-related cases. Nearly 100 career immigration judges have been removed in recent months, and hiring rules were relaxed to recruit attorneys from broader backgrounds for positions described in some recruitment materials as 'Deportation Judges.'
In September, Defense Secretary Pete Hegseth authorized detailing up to 600 military lawyers to immigration courts to help process cases. So far about 30 service members have been assigned. Federal data indicate that in November, judges drawn from the military ordered removal in 78% of cases, compared with 63% for all other immigration judges; for military-detailed judges in that month, nine out of 10 migrants were ordered removed or asked to self-deport.
Concerns Over Expertise And Protections
Critics, including the American Immigration Lawyers Association, warn that many military officers lack specialized immigration-law experience and liken the placements to sending specialists into unfamiliar work. Supporters in the Pentagon and White House counter that the effort is intended to clear long-pending cases and speed decisions for migrants.
Dana Leigh Marks, retired immigration judge and former head of the National Association of Immigration Judges: 'It is hard to imagine someone being fired so quickly, after five weeks on the bench, unless it was for ideological reasons. It's especially unfair to military judges because they don't have the same civil service protections and could face severe consequences for failing in their assignment.'
The Uniform Code of Military Justice bars senior leaders from retaliating against military attorneys for actions taken in military tribunals, and Army regulations require Judge Advocate General (JAG) officers to act with candor and honesty. Whether those protections and ethical obligations fully apply to military lawyers adjudicating civilian immigration cases remains legally untested.
Brenner Fissell, Villanova law professor and co-leader of the Orders Project: 'Commanders have personnel tools — counseling letters, formal reprimands — that can linger and damage careers. Appealing those actions can be labyrinthine, costly and time-consuming. The process can be the punishment.'
Background On Day
Day, a graduate of American University Washington College of Law, has served in several federal roles over two decades while also serving as a lieutenant colonel in the Army Reserve JAG Corps. Before his temporary immigration assignment he worked as an attorney at the Federal Communications Commission during the Biden administration.
Unlike Article III judges, immigration judges are Department of Justice employees who do not have lifetime tenure; the attorney general has broader authority to remove them. Newly assigned judges, including military detailees, were reportedly given a two-week training in October that emphasized the limited job protections for immigration judges.
Incentives And Assignments
A JAG Corps email shared with reporters said volunteers for temporary immigration-details were offered choice of assignments and other incentives, but warned that if insufficient officers volunteered some may be required to relocate for up to six months to meet the mandate.
Reporting for this article relied on documents and federal data analyzed by Mobile Pathways, confirmation from the National Association of Immigration Judges and interviews with legal experts. The Associated Press reported on the circumstances of Day's dismissal.
