A major staffing challenge is emerging inside the Justice Department as internal data reportedly shows fewer government attorneys handling a growing number of civil cases.
Documents obtained by The Hill and NewsNation reportedly show that staffing across several branches of the Department of Justice Civil Division has declined significantly since President Donald Trump returned to office.
At the same time, caseloads have increased in areas involving immigration, federal employment disputes, government fraud cases and legal challenges to administration policies.
The Justice Department says it is responding by hiring hundreds of new attorneys and argues that its lawyers continue to secure major courtroom victories and financial recoveries for taxpayers.
The situation has nevertheless raised an important question for the Trump administration: Can the DOJ reduce staffing while still maintaining enough experienced lawyers to defend the federal government in court?
DOJ Civil Division Faces Rising Caseloads
According to the internal charts described in the report, several Justice Department offices have experienced sharp increases in workload per attorney.
The Commercial Litigation Branch reportedly saw its workload per lawyer rise approximately 84 percent.
Attorneys in the Office of Immigration Litigation experienced an increase of roughly 63 percent.
The workload for appellate attorneys reportedly increased about 54 percent, while lawyers in the Federal Programs Branch saw their workload climb approximately 44 percent.
The Federal Programs Branch handles many lawsuits involving executive orders, federal regulations and other major administration priorities.
Its staffing reportedly declined from 113 attorneys to 71 during the early months of the Trump administration.
Although the number of cases later stabilized at roughly 1,000, fewer attorneys remained available to handle them.
Justice Department Says Hiring Is Underway
DOJ officials reject suggestions that the Civil Division is unable to perform its responsibilities.
A department spokesperson told The Hill that more than 200 new attorneys have been hired since the beginning of the administration and said additional lawyers are in the hiring pipeline.
The department also pointed to court victories and billions of dollars recovered through fraud cases.
“The Civil Division is working every day to advance and defend the President’s agenda in court,” the spokesperson said.
The central issue is therefore whether DOJ hiring can keep pace with attorney departures and a growing volume of litigation.
Immigration Litigation Sees Major Increase
One of the biggest staffing challenges has reportedly emerged inside the Office of Immigration Litigation.
That office represents the federal government in immigration-related court cases, including deportation disputes, detention cases and challenges involving federal immigration enforcement.
According to the reported data, the office declined from approximately 320 attorneys to 243.
During roughly the same period, its caseload increased from about 7,700 cases to nearly 9,500.
The increase comes as the Trump administration expands immigration enforcement and detention efforts.
More enforcement actions can also result in more lawsuits, appeals and federal court challenges, increasing the amount of work handled by government attorneys.
A former employee told The Hill that the office had not previously experienced comparable levels of attrition.
Attorney Firing Raised Concerns Among Staff
Some former employees pointed to the firing of longtime DOJ attorney Erez Reuveni as one event that affected morale.
Reuveni was dismissed after acknowledging in court that Kilmar Abrego Garcia had been mistakenly deported.
One former immigration office employee told The Hill that some attorneys began reconsidering their positions after the firing.
Critics of the administration argue that personnel decisions have contributed to experienced lawyers leaving the department.
Administration officials, however, have maintained that federal employees are expected to faithfully carry out lawful administration policies while fulfilling their professional obligations.
DOJ Appeals Increase
The Civil Division’s appellate lawyers are also handling considerably more cases.
The branch reportedly started with approximately 61 attorneys and later declined to about 55.
During that period, the number of appeals increased from roughly 780 to more than 1,100.
Former DOJ attorney Jennifer Ricketts attributed part of the increase to the administration’s willingness to appeal lower-court defeats involving executive authority and federal policy.
Appeals are a normal part of the federal legal system, but a larger number of appeals requires more attorney time and resources.
That becomes particularly important when cases involve complicated constitutional or administrative-law questions that could ultimately reach the Supreme Court.
Commercial Litigation Workload Jumps
The Commercial Litigation Branch has experienced another significant increase.
Staffing reportedly dropped from approximately 350 attorneys to 289, while its caseload climbed from roughly 13,000 matters to nearly 19,000.
The branch handles a wide variety of cases involving government finances, intellectual property, federal contracts, fraud and other financial disputes.
Two areas could be contributing to the increased workload.
The Trump administration has placed renewed attention on detecting fraud involving federal programs and taxpayer money.
At the same time, government workforce reductions have produced additional federal employment disputes.
Some of those cases are reviewed by the Merit Systems Protection Board, which handles employment complaints involving federal workers.
Federal Workforce Cuts Create Legal Challenges
President Trump has made reducing the size of the federal government a major administration priority.
Supporters of workforce reductions argue that Washington has become too large, expensive and bureaucratic.
Critics warn that rapid staffing reductions can eliminate experienced employees whose institutional knowledge may be difficult to replace.
The Justice Department highlights the tension between those two goals.
Reducing unnecessary positions can lower government costs.
However, federal agencies still need enough qualified attorneys to prosecute fraud, defend government programs, enforce immigration laws and respond to lawsuits.
Internal DOJ Charts Were Quickly Recalled
The staffing figures reportedly became public after charts were distributed in an internal email that was later recalled.
Former employees interviewed for the report suggested that the data may have been prepared for the department’s upcoming budget process.
If so, Civil Division leaders could potentially use the information to justify requests for additional attorneys or funding.
One former immigration attorney also pointed out that the graphs reportedly did not begin their vertical axes at zero.
That design choice can make increases or decreases appear visually larger, even when the underlying numbers themselves are accurate.
Readers should therefore distinguish between the reported numerical changes and how those figures were presented graphically.
DOJ Offers $25,000 Hiring Incentive
The Justice Department has already introduced additional recruiting efforts.
Earlier this year, DOJ reportedly offered a $25,000 signing incentive for lawyers joining the Civil Division.
Such incentives are notable because Justice Department attorney positions have traditionally been highly competitive.
Critics argue that the bonus suggests DOJ is struggling to attract applicants.
The department’s recruitment effort could also reflect an attempt to quickly replenish staffing during a period of unusually heavy litigation.
The effectiveness of that strategy will depend largely on how many experienced attorneys the department can attract and retain.
Experienced Lawyers Are Difficult To Replace
Attorney headcount is only one part of the issue.
Veteran DOJ lawyers often have years of specialized experience involving federal statutes, constitutional disputes, government programs and complicated courtroom procedures.
Replacing a longtime attorney therefore involves more than filling an empty position.
New lawyers may require significant time to develop the same level of institutional knowledge.
Stacey Young, founder of the DOJ alumni organization Justice Connection, described the departures as a “massive exodus” and warned that remaining attorneys are facing greater pressure.
Young has been critical of the administration’s personnel decisions and argued that heavy workloads could lead to additional departures.
DOJ officials counter that hiring remains active and that the department continues delivering results in federal courts.
Why The DOJ Staffing Battle Matters
The dispute goes far beyond internal Washington personnel decisions.
The Justice Department represents the United States government in thousands of cases involving immigration, federal spending, fraud, regulations, employment law and presidential authority.
Many of President Trump’s largest policy initiatives have also faced immediate legal challenges.
That means the administration needs enough government attorneys to defend those policies as cases move through federal district courts, appeals courts and potentially the Supreme Court.
A reduced bureaucracy may save taxpayer money.
But staffing cuts can become costly if agencies lack the personnel needed to fulfill their legal responsibilities.
What Happens Next
The Justice Department says hundreds of new lawyers are being hired.
If those attorneys successfully replace departing staff and caseloads stabilize, the current pressure could eventually ease.
If litigation continues increasing while experienced attorneys continue leaving, DOJ leaders may face growing pressure to request additional funding and personnel.
For American taxpayers, the issue comes down to a basic question:
Can Washington become smaller and more efficient without weakening the government’s ability to enforce the law and defend itself in court?
The Justice Department says the answer is yes.
The staffing numbers over the coming months will help show whether that approach is working.