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Why hasn’t it happened yet?

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In an intended show of good faith exalting their newly repaired relationship following the 2024 GOP presidential primaries, President Donald Trump in July publicly approved Gov. Ron DeSantis’ request to turn members of the Florida National Guard into immigration Judges.

“He didn’t even have to ask me,” Trump said at the time, jovially noting that although he and DeSantis had a particularly vicious fallout just months earlier, their “matching blood” keeps them together.

“He has my approval.”

But three months later, the Florida National Guard still hasn’t received instructions to train its nine attorneys within the Judge Advocate Generals Corps (JAGs) as temporary immigration Judges, a spokesperson told the Florida Phoenix. This came even after the White House in August watered down the requirements to temporarily preside over the deportation hearings.

Previously a quiet position, immigration Judges — the only authorities who can revoke green cards and issue final orders of removal to certain noncitizens being deported — have dominated headlines after 125 of them have either been fired or resigned this year alone, down from about 700 Judges at the beginning of the year, NPR reported.

Although the eliminations align with the Trump administration’s promise to cut waste and streamline governmental efficiency, the Judge shortfall is rapidly being backfilled by about 600 regular military lawyers newly authorized to work as temporary immigration Judges. NPR reports that their training will last roughly two weeks.

But even as deportations ramp up, and DeSantis continues to suggest the Florida National Guard’s JAG officers be trained to facilitate deportations at Florida’s so-called “Alligator Alcatraz” and “Deportation Depot” camps, the Trump administration has fallen quiet about why Florida’s JAGs haven’t been brought in.

A White House spokesperson referred the Florida Phoenix’s requests for comment to the Executive Office of Immigration Review, which declined to comment other than pointing out the Aug. 28 rule allowing U.S. Attorney General Pam Bondi to select any attorney as a temporary immigration Judge.

This overhauled past requirements mandating a temporary immigration Judge had previously served as either a DOJ attorney with 10 years of immigration law experience or a Judge within the executive branch.

Immigration Judges are unique because, unlike Article III Judges, they aren’t independent of the President. Instead, they’re housed within the Department of Justice and selected by the U.S. Attorney General. Temporary immigration Judges serve for just six months.

So, even though both Trump and DeSantis have endorsed the move, and as other military lawyers begin to file in, why haven’t Florida National Guard JAGs been tapped to serve?

What are some of the reasons JAGs aren’t immigration Judges yet?

Elizabeth Blandon, a Broward-area immigration attorney who served as Chair of the Immigration and Nationality Law Certification Committee, speculated that mounting legal obstacles could be in the way.

These could include the Posse Comitatus Act, an 1878 federal statute banning the military from directing commands at civilians. The post-Reconstruction statute ended the U.S. Army’s role in protecting formerly enslaved people immediately following the Civil War.

The Florida National Guard — a part-time volunteer force trained to respond to disasters and go to war when called upon — is made up of an Army branch and an Air Force branch.

“The (temporary immigration Judge) plan violates the PCA because — without express authority from either the Constitution or a statute — members of the Army and the Air force are prohibited from carrying out enforcement laws against civilians,” Blandon said in a written statement.

This isn’t the first time the Posse Comitatus Act has come to the national forefront. In 1986, then-Deputy Assistant Attorney General Samuel Alito, now a Supreme Court Justice appointed by George W. Bushwrote a memo recommending against having a military lawyer work part-time on civilian law enforcement duties while still serving in a military role.

“Military lawyers who are not functioning in an entirely civilian environment should not be used to perform any prosecutorial function that involves direct contact with civilians in a law enforcement context,” Alito wrote. Of note, he was not specifically referring to immigration Judges.

Margaret Stock, an immigration lawyer, retired Army Reserve lieutenant colonel in the Military Police, and former West Point professor, acknowledged that although the Posse Comitatus Act could be a problem, the larger impediment is likely practical.

Because the National Guard is part-time for many, including the JAGs, asking them to participate would require them to clear their schedules, volunteer, and begin training — all of which require money Stock says Congress would have to approve.

“I’m not too surprised that no (JAG) has actually been assigned to be an immigration Judge yet, because it takes a while to mobilize people, get volunteers, pick people, then train them, and finally get them in place,” Stock said.

“Congress has the power of the purse, and you can’t spend money on things Congress hasn’t authorized.”

Immigration law is uniquely complicated, entailing a range of highly specific subspecialties. Many of the attorneys the Florida Phoenix contacted decline comment or deferred to lawyers specializing in deportations.

Where did the JAG idea come from?

DeSantis in May submitted an “Immigration Enforcement Operations Plan” to the Trump administration in which he proposed Florida’s nine National Guard JAGs become immigration Judges.

JAG officers are attorneys who help fellow National Guard members with a wide range of legal problems, including courts-martial and military-civil matters. Trump appeared enthusiastic about the idea in early July, when he met with DeSantis to laud the opening of  the Everglades detention center.

After the conservative politicos faced off in their primary race in 2023, Trump offered high praise for the Governor, insisting the two would always be friends. Extending an olive branch, Trump praised DeSantis and his officials, even calling former DeSantis staffer and appointed Florida Attorney General James Uthmeier “handsome.”

DeSantis had pushed hard for Florida to take the lead on immigration crackdown efforts, muscling through the Legislature a sweeping immigration crackdown package that mandated all counties partner with ICE to enforce federal immigration laws, removing in-state tuition for undocumented college students, and creating state-level crimes for illegally entering Florida.

Earlier this week, a reporter asked DeSantis during a Gainesville press conference whether the National Guard JAGs were any closer to working as temporary immigration Judges. DeSantis, who revealed that he pitched the idea to Trump over the Summer, skirted the question by decrying “bureaucracy” and stressing the need to speed along immigration proceedings.

“I know there were some in DOJ that just wanted (immigration Judges) to be drawn from purely civilian rather than the uniformed services but, whatever, we want to be supportive and we want to be able to help,” DeSantis said Monday.

“If you have a right to be here, then you have a right to be here, right? But if you don’t, are we going to do like an O.J. Simpson trial just to deport somebody who’s here illegally?” he added, implying that the due process of a lengthy trial would be improper for a non-citizen.

___

Livia Caputo reporting. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected].



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Debra Tendrich turns ‘pain into policy’ with sweeping anti-domestic violence proposal

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Florida could soon rewrite how it responds to domestic violence.

Lake Worth Democratic Rep. Debra Tendrich has filed HB 277, a sweeping proposal aimed at modernizing the state’s domestic violence laws with major reforms to prevention, first responder training, court safeguards, diversion programs and victim safety.

It’s a deeply personal issue to Tendrich, who moved to Florida in 2012 to escape what she has described as a “domestic violence situation,” with only her daughter and a suitcase.

“As a survivor myself, HB 277 is more than legislation; it is my way of turning pain into policy,” she said in a statement, adding that months of roundtables with survivors and first responders “shaped this bill from start to finish.”

Tendrich said that, if passed, HB 277 or its upper-chamber analogue (SB 682) by Miami Republican Sen. Alexis Calatayud would become Florida’s most comprehensive domestic violence initiative, covering prevention, early intervention, criminal accountability and survivor support.

It would require mandatory strangulation and domestic violence training for emergency medical technicians and paramedics, modernize the legal definition of domestic violence, expand the courts’ authority to order GPS monitoring and strengthen body camera requirements during investigations.

The bill also creates a treatment-based diversion pathway for first-time offenders who plead guilty and complete a batterers intervention program, mental-health services and weekly court-monitored progress reporting. Upon successful completion, charges could be dismissed, a measure Tendrich says will reduce recidivism while maintaining accountability.

On the victim-safety side, HB 277 would flag addresses for 12 months after a domestic-violence 911 call to give responders real-time risk awareness. It would also expand access to text-to-911, require pamphlets detailing the medical dangers of strangulation, authorize well-check visits tied to lethality assessments, enhance penalties for repeat offenders and include pets and service animals in injunctions to prevent coercive control and harm.

Calatayud called it “a tremendous honor and privilege” to work with Tendrich on advancing policy changes “that both law enforcement and survivors of domestic abuse or relationship violence believe are meaningful to protect families across our communities.”

“I’m deeply committed to championing these essential reforms,” she added, saying they would make “a life-or-death difference for women and children in Florida.”

Organizations supporting HB 277 say the bill reflects long-needed, practical reform. Palm Beach County firefighters union IAFF Local 2928 said expanded responder training and improved dispatch information “is exactly the kind of frontline-focused reform that saves lives.”

The Florida Police Benevolent Association called HB 277 a “comprehensive set of measures designed to enhance protections” and pledged to help advance it through the Legislature.

The Animal Legal Defense Fund praised provisions protecting pets in domestic violence cases, noting research showing that 89% of women with pets in abusive relationships have had partners threaten or harm their animals — a major barrier that keeps victims from fleeing.

Florida continues to see high levels of domestic violence. The National Coalition Against Domestic Violence estimates that 38% of Florida women and 29% of Florida men experience intimate-partner violence in their lifetimes — among the highest rates in the country.

With costs rising statewide, HB 277 also increases relocation assistance through the Crimes Compensation Trust Fund, which advocates say is essential because the current $1,500 cap no longer covers basic expenses for victims fleeing dangerous situations.

Tendrich said survivors who contributed to the bill, which Placida Republican Rep. Danny Nix is co-sponsoring, “finally feel seen.”

“This bill will save lives,” she said. “I am proud that this bill has bipartisan support, and I am even more proud of the survivors whose bravery drives every line of this legislation.”



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Ash Marwah, Ralph Massullo battle for SD 11 Special Election

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Even Ash Marwah knows the odds do him no favors.

A Senate district that leans heavily Republican plus a Special Election just weeks before Christmas — Marwah acknowledges it adds up to a likely Tuesday victory for Ralph Massullo.

The Senate District 11 Special Election is Tuesday to fill the void created when Blaise Ingoglia became Chief Financial Officer.

It pits Republican Massullo, a dermatologist and Republican former four-term House member from Lecanto, against Democrat Marwah, a civil engineer from The Villages.

Early voter turnout was light, as would be expected in a low-key standalone Special Election: At 10% or under for Hernando and Pasco counties, 19% in Sumter and 15% in Citrus.

Massullo has eyed this Senate seat since 2022 when he originally planned to leave the House after six years for the SD 11 run. His campaign ended prematurely when Gov. Ron DeSantis backed Ingoglia, leaving Massullo with a final two years in office before term limits ended his House career.

When the SD 11 seat opened up with Ingoglia’s CFO appointment, Massullo jumped in and a host of big-name endorsements followed, including from DeSantis, Ingoglia, Agriculture Commissioner Wilton Simpson, U.S. Sens. Ashley Moody and Rick Scott, four GOP Congressmen, county Sheriffs in the district, and the Florida Chamber of Commerce.

The Florida LGBTQ+ Democratic Caucus is endorsing Marwah.

Marwah ran for HD 52 in 2024, garnering just 24% of the vote against Republican John Temple

Massullo has raised $249,950 to Marwah’s $12,125. Massullo’s $108,000 in spending includes consulting, events and mail pieces. One of those mail pieces reminded voters there’s an election.

The two opponents had few opportunities for head-to-head debate. The League of Women Voters of Citrus County conducted a SD 11 forum on Zoom in late October, when the two candidates clashed over the state’s direction.

Marwah said DeSantis and Republicans are “playing games” in their attempts to redraw congressional district boundaries.

“No need to go through this expense,” he said. “It will really ruin decades of progress in civil rights. We should honor the rule of law that we agreed on that it’ll be done every 10 years. I’m not sure why the game is being played at this point.”

Massullo said congressional districts should reflect population shifts.

“The people of our state deserve to be adequately represented based on population,” he said. “I personally do not believe we should use race as a means to justify particular areas. I’m one that believes we should be blind to race, blind to creed, blind to sex, in everything that we do, particularly looking at population.”

Senate District 11 covers all of Citrus, Hernando and Sumter counties, plus a portion of northern Pasco County. It is safely Republican — Ingoglia won 69% of the vote there in November, and Donald Trump carried the district by the same margin in 2024.



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Miles Davis tapped to lead School Board organizing workshop at national LGBTQ conference

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Miles Davis is taking his Florida-focused organizing playbook to the national stage.

Davis, Policy Director at PRISM Florida and Director of Advocacy and Communications at SAVE, has been selected to present a workshop at the 2026 Creating Change Conference, the largest annual LGBTQ advocacy and movement-building convention.

It’s a major nod to his rising role in Florida’s LGBTQ policy landscape.

The National LGBTQ Task Force, which organizes the conference, announced that Davis will present his session, “School Board Organizing 101.” His proposal rose to the top of more than 550 submissions competing for roughly 140 slots, a press note said, making this year’s conference one of the most competitive program cycles in the event’s history.

His workshop will be scheduled during the Jan. 21-24 gathering in Washington, D.C.

Davis said his selection caps a strong year for PRISM Florida, where he helped shepherd the organization’s first-ever bill (HB 331) into the Legislature. The measure, sponsored by Tampa Democratic Rep. Dianne Hart, would restore local oversight over reproductive health and HIV/AIDS instruction, undoing changes enacted under a 2023 expansion to Florida’s “Parental Rights in Education” law, dubbed “Don’t Say Gay” by critics.

Davis’ workshop draws directly from that work and aims to train LGBTQ youth, families and advocates in how local boards operate, how public comment can shape decisions and how communities can mobilize around issues like book access, inclusive classrooms and student safety.

“School boards are where the real battles over student safety, book access, and inclusive classrooms are happening,” Davis said. “I’m honored to bring this training to Creating Change and help our community build the skills to show up, speak out, and win — especially as PRISM advances legislation like HB 331 that returns power to our local communities.”

Davis’ profile has grown in recent years, during which he jumped from working on the campaigns and legislative teams of lawmakers like Hart and Miami Gardens Democratic Sen. Shevrin Jones to working in key roles for organizations like America Votes, PRISM and SAVE.

The National LGBTQ Task Force, founded in 1973, is one of the nation’s oldest LGBTQ advocacy organizations. It focuses on advancing civil rights through federal policy work, grassroots engagement and leadership development.

Its Creating Change Conference draws thousands for four days of training and strategy-building yearly, a press note said.



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