
Florida National Guard to Become Immigration Judges Under Proposal
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
Florida Governor Ron DeSantis is seeking President Donald Trump's approval to deputize the National Guard to serve as immigration judges.
"We're ready, willing and able to take it to the next level. We have submitted plans to DHS to say if this is approved, we will go off to the races. And we will be able to do really from soup to nuts, from apprehension to detention, even putting some of our people in the National Guard in line to serve as immigration Judges to process this. We can do it," DeSantis said on Thursday.
Newsweek has contacted the office of Governor DeSantis for further comment via email outside of normal office hours.
Why It Matters
At a Thursday press conference, DeSantis appeared alongside Department of Homeland Security officials to promote Operation Tidal Wave. The Florida-led initiative partnered with federal, state, and local law enforcement to apprehend immigrants without legal status in the state.
Florida has experienced broad collaboration between federal immigration authorities and local state agencies, as the administration mobilizes all available resources to carry out mass deportations—a key pledge of President Trump's return to the White House.
Gov. Ron DeSantis speaks during a press conference about a recent immigration enforcement operation, at the South Florida office of U.S. Immigration and Customs Enforcement and Enforcement and Removal Operations, Thursday, May 1, 2025, in...
Gov. Ron DeSantis speaks during a press conference about a recent immigration enforcement operation, at the South Florida office of U.S. Immigration and Customs Enforcement and Enforcement and Removal Operations, Thursday, May 1, 2025, in Miramar, Florida. More
Rebecca Blackwell/AP
What To Know
DeSantis is seeking to expand the state's role beyond making arrests to include adjudication, proposing the use of National Guard members as immigration judges—pending approval from the Trump administration.
"These are not Article 3 judges. They are executive branch employees, basically. We can absolutely deputize judge advocates from our National Guard units to serve as immigration judges," he added.
The Governor brushed aside concerns about due process, claiming there are "tens of thousands of illegal aliens in Florida at a minimum that have already been issued final orders of removal, and there's hundreds of thousands of them throughout the United States of America."
"So they've had a lot of process. They've been ordered to be removed," DeSantis said. "They have not complied with those removal orders, and that's a very, very high priority for our state efforts to continue to identify those individuals and make sure that they return to their country of origin."
Immigration courts are facing significant strain, with a backlog surpassing 3.7 million cases, according to Syracuse University's Transactional Records Access Clearinghouse. Asylum-seekers frequently endure years of waiting for a decision. There is widespread political backing for increasing the number of judges and staff to help alleviate the workload.
DeSantis explained that the appointees would not be federal judges, who are appointed by the president under Article III of the Constitution. Instead, he plans to designate Judge Advocate Generals from the Florida National Guard, who already hold their positions, to serve as immigration judges.
Immigrant rights advocates hit back at DeSantis over the plans, saying his proposals would violate constitutional rights and due process protections.
"To Governor DeSantis, we would remind that, yes, the U.S. Constitution guarantees due process rights to all individuals, regardless of immigration legal status. And no, immigration hearings are not 'O.J. Simpson trials' as he hyperbolically but very seriously claimed during today's pantomime," Adriana Rivera, of the Florida Immigrant Coalition said in a statement shared with Newsweek.
It comes after Immigration and Customs Enforcement (ICE) announced Thursday that 1,120 individuals were arrested during a weeklong enforcement operation carried out with the help of the state of Florida, 13 local sheriff's departments, and other federal agencies, including the FBI and the Drug Enforcement Administration (DEA).
Among those taken into custody were 378 immigrants with final orders of removal. The operation also targeted known suspected gang members, including members of notorious crime syndicates such as MS-13, Tren de Aragua (TDA), Barrio Azteca, and the 18th Street Gang.
What People Are Saying
DeSantis said at a press conference on Thursday: "If we get the sign-off from DHS, we can expand detention space very quickly in Florida. I mean, just think about it. I mean, you guys who are Florida based, you know when we have hurricanes, we end up setting up locations for tens of thousands of linemen, right? Do that very, very quickly. So we have the capacity to set it up quickly, but we're not going to do that without the approval of the Department of Homeland Security."
Rivera said in a statement: "Notable moments of today's theater included the judicial branch being blamed for upholding the U.S. Constitution. This is par for the course and taken out of the same autocratic handbook that Trump is reading from when their plans run into the obvious constitutional checks and balances masterfully crafted by our founders.
"As anyone who ever studied civics knows, due process is a fundamental right guaranteed by the U.S. Constitution. It protects people against arbitrary government decisions and ensures fairness in legal matters. Both citizens and noncitizens in the U.S. have the right to due process, a chance to defend their rights and to have a fair hearing.
Eric Daugherty, Assistant News Director at Florida's Voice said in a post on X: "This would help swiften the process of deportations."
What Happens Next
Governor DeSantis's proposal to have National Guard members serve as immigration judges is unprecedented and would likely face legal challenges.
However, the move aligns with President Trump's hard-line agenda and it could help expedite the Republican's plot to carry out mass deportations.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

18 minutes ago
Amid LA protests, what officials say about the rules of force for National Guard, Marines
The Marines and the National Guard personnel deployed amid the protests in to Los Angeles will operate under the same rules of force and will not be engaging crowds, according to two U.S. officials. That means they are tasked with protecting federal buildings and federal personnel only -- they will not patrol U.S. streets or try to detain protesters to assist police, the officials said. While all the troops are carrying weapons, their guns will not have ammunition loaded in the chamber, officials said, but will carry ammunition as part of their regular uniforms that can be used in the rare case of needed self-defense. They will not use rubber bullets or pepper spray, either, they said. The officials noted these rules would change if President Donald Trump invokes the Insurrection Act, which he has not done. The rules of force the personnel are operating under call for them to de-escalate any incidents as much as possible. The Marines and Guard troops being sent to Los Angeles are being led by Army Maj. Gen. Scott Sherman, who is deputy commander of U.S. Army North, officials said. In total, there are 2,800 troops operating under Title 10 status: 2,100 of them National Guard soldiers and 700 active-duty Marines. Title 10 of the U.S. Code contains a provision that allows the president to call on federal service members when there "is a rebellion or danger of rebellion against the authority of the Government of the United States" or when "the President is unable with the regular forces to execute the laws of the United States." The deployment of the 700 Marines was to ensure "adequate numbers of forces to provide continuous coverage" of the area, according to U.S. Northern Command.


Washington Post
24 minutes ago
- Washington Post
The L.A. immigration standoff
You're reading the Prompt 2025 newsletter. Sign up to get it in your inbox. Protests continued on Monday in California over a crackdown by U.S. Immigration and Customs Enforcement. Since they broke out on Friday, President Donald Trump has taken control of the National Guard and even threatened to arrest California Gov. Gavin Newsom. California leaders, including Newsom, have resisted the White House effort while also pleading for calm, warning that images of burning Waymos will only invite worse escalations in response.


CNN
25 minutes ago
- CNN
What would it take for Trump to send active military to streets of LA?
What would it take for Trump to send active military to streets of LA? President Donald Trump deployed about 300 National Guard troops to Los Angeles to protect federal personnel and property as clashes broke out between demonstrators and police this weekend. CNN Chief Law Enforcement and Intelligence Analyst John Miller analyzes what it might take for Trump to deploy active military to a major city. 01:55 - Source: CNN Bernie Sanders: Trump 'wants all the power' Senator Bernie Sanders (I-VT) criticized President Donald Trump's decision to deploy National Guard troops in Los Angeles, claiming that Trump 'wants all of the power' and is rapidly moving the US 'into authoritarianism.' 00:58 - Source: CNN Tanks arrive in DC ahead of US Army parade As the 250th anniversary celebration for the US Army approaches, a freight train of tanks was seen making its way into the nation's capital. The long-planned celebration in Washington will coincide with Trump's 79th birthday and include thousands of troops. The Army had said it has no plans to recognize the president's birthday. 00:40 - Source: CNN See reactions to the Trump-Musk feud See some reactions to the intense public feud that erupted between President Donald Trump and his one-time ally, billionaire Elon Musk. 01:05 - Source: CNN Trump on Musk: 'The poor guy's got a problem' In a phone call with CNN's Dana Bash, President Donald Trump said he is 'not even thinking about' billionaire Elon Musk and won't be speaking to him in the near future. The comments come a day after Trump and Musk traded barbs on social media as their relationship deteriorated in spectacular public fashion. 00:43 - Source: CNN Trump and Musk escalate public feud An intense public feud erupted between President Donald Trump and his one-time ally, billionaire Elon Musk, with an argument about Trump's massive tax and domestic policy bill raging across social media and in the Oval Office. CNN's senior White House correspondent Kristen Holmes reports. 03:03 - Source: CNN Kara Swisher on the 'nuclear' feud between Trump and Musk CNN's Anderson Cooper talks with Kara Swisher about the stunning public feud between President Donald Trump and Elon Musk. 01:30 - Source: CNN German leader on 'terrible' impact of Trump's tariffs In an interview with CNN's Jake Tapper, German Chancellor Friedrich Merz talks about the impact President Trump's tariffs are having on the auto industry. 01:13 - Source: CNN Curtis Yarvin is inspiring a new generation of MAGA CNN's Hadas Gold interviews anti-democracy author Curtis Yarvin about his argument for an all-powerful executive in the White House. 02:24 - Source: CNN DNC Trolls Trump with Taco Truck The Democratic National Committee parked a taco truck outside the RNC headquarters in Washington DC Tuesday, as a way to troll the president over an acronym created by a Financial Times commentator about the president's frequent walk backs and pauses to his tariff's. 00:52 - Source: CNN Musk calls Trump's bill 'disgusting abomination' Elon Musk lashed out at President Donald Trump's agenda bill — which the president is pressuring GOP senators to support — calling it a 'disgusting abomination.' CNN's Kaitlan Collins reports. 00:59 - Source: CNN ICE chief defends agents wearing masks during immigration raids Acting ICE Director Todd Lyons is defending federal immigration agents for wearing masks during raids across the US, citing safety concerns. The tactic has sparked backlash and raised questions about transparency and accountability. 00:58 - Source: CNN Dana Bash presses Trump's budget chief about cancer cuts CNN's Dana Bash presses Office of Management and Budget Director Russ Vought on the Trump administration's proposal to cut non-defense spending by more than 22% — including deep reductions to education, food assistance, and billions in cancer research funding. As Vought defends the cuts and criticizes the NIH, Bash challenges him on the real-world impact to life-saving medical research. 01:35 - Source: CNN Trump reacts to video of Macron's apparent shove from wife President Trump was asked by reporters about the viral video appearing to show French President Emmanuel Macron being pushed by his wife Brigitte as they disembarked from a plane in Vietnam. Macron, at the time, quickly dismissed the video. 00:34 - Source: CNN Trans high school athlete wins events amid controversy A transgender athlete, whose participation sparked a national controversy and a temporary rule change, took first place in two of her three events in the California High School Track and Field Championship. 01:09 - Source: CNN South Carolina voter says 'no' to moving center South Carolina has often bucked the electoral trend – voting for candidates who lost in Iowa or New Hampshire and thus helping pick which candidate will move on to the general election. CNN's Jeff Simon spoke to multiple voters at a Democrat dinner in Columbia, South Carolina about the party's leadership and future. 01:25 - Source: CNN Hegseth warns 'threat China poses is real' US Defense Secretary Pete Hegseth, speaking to Asia's premier defense forum in Singapore, delivered a dire warning to the world: China's designs on Taiwan pose a threat to global peace and stability that requires 'our allies and partners do their part on defense.' While Hegseth made clear that Washington does not seek conflict with China, he stressed the Trump administration would not let aggression from Beijing stand. 00:50 - Source: CNN GOP senator pressed on Medicaid in heated town hall GOP Sen. Joni Ernst faced concerns from town hall attendees over potential cuts to Medicaid and SNAP programs as a result of President Donald Trump's sweeping domestic policy bill, saying at one point, 'Well, we all are going to die,' and insisting that those who are eligible for Medicaid will continue to receive payments. 01:12 - Source: CNN Fareed Zakaria breaks down Trump's tariff battle CNN's Fareed Zakaria breaks down what's going on with President Donald Trump's battle with the Supreme Court over tariffs. 00:58 - Source: CNN President Trump's timeline for things seems to almost always be 'in two weeks' President Donald Trump told reporters it will take about 'two weeks' to determine whether Russian President Vladimir Putin is serious about ending the war in Ukraine. That two week timeline, CNN's Abby Phillip says, is a familiar one. 01:48 - Source: CNN President Trump is on a pardoning spree President Donald Trump used his pardon power to grant clemency to a wave of individuals who had been convicted of crimes that range from public corruption, guns and even maritime-related offenses, according to multiple officials. CNN's Kaitlan Collins reports. 00:53 - Source: CNN Trump responds to Wall Street term 'TACO': Trump Always Chickens Out President Donald Trump was asked about "TACO," an acronym that means "Trump Always Chickens Out," which is used by Wall Street workers for his on-and-off approach to tariffs. Calling it "the nastiest question," Trump defended his tariff policy by calling it "negotiation." 01:13 - Source: CNN Harvard students and faculty speak out against Trump Harvard students and faculty spoke to CNN ahead of commencement as Donald Trump said the university should cap foreign enrollment. The Trump administration has recently sought to cancel $100 million in contracts with the school. 02:03 - Source: CNN