Trial Attorney (Office of Immigration Litigation)

Closing Date: 17th August, 2026

Description:

Summary:
The Office of Immigration Litigation seeks attorneys eager to work at the forefront of the DOJ's most significant immigration cases, handling high-impact litigation in federal circuit courts of appeals and leading nearly all immigration matters in district courts nationwide. Well-qualified candidates may be eligible for a signing bonus of up to $25,000 depending on qualifications, education, and other factors. All recipients of a signing bonus are required to fulfill a service obligation.

Duties:
Trial Attorney responsibilities primarily involve: coordinating with the agency clients; crafting litigation strategy; conducting necessary pre-trial work; drafting all complaints, motions, answers, and briefs; participating in hearings, oral arguments, and court-ordered discussions; engaging in settlement talks to advance the government's interests; making determinations about whether to seek panel, en bane, or Supreme Court/cert. review of adverse decisions and substantially participating in further review briefing and argument; and handling attorney's fees litigation. OIL's Trial Attorneys likewise contribute significantly as expert consultants on immigration-related inquiries from Congress and the Department.

OIL's district court litigation often involves high-profile matters, frequently entails short-fuse/emergency, fast-paced temporary restraining order litigation, and ordinarily requires analyzing substantially complex immigration, administrative, statutory interpretation, and constitutional law issues and principles. In contrast, OIL's appellate court litigation entails responding to motions for stays of removal, filing motions for summary affirmance or dismissal, drafting complex appellate briefs, and appearing for oral arguments throughout the nation. Some examples of the Office's current and anticipated litigation include: defense of challenges to the expansion of streamlined expedited removal procedures implicating border security; increased defense of review petitions in the federal courts of appeals stemming from a substantial backlog of immigration court cases and expansion of interior enforcement efforts and that raise novel, difficult issues about criminal and other removal grounds, asylum and protection law, and the availability of relief under the immigration statute; defense of the Administration's immigration initiatives reflected in recent Executive Orders such as efforts designed to secure the border, in partnership with other Division components; defense of habeas petitions challenging immigration custody and immigration detainers, particularly under the recently-enacted Laken Riley Act; litigation involving the administration of temporary employment authorization, foreign worker and investor programs; investigation and litigation of civil actions to revoke naturalization; and defense of mandamus litigation involving alleged delay of agency action and that has increased dramatically over the last several years.

Given the Administration's prioritization and focus on immigration enforcement (reflected in part by several immigration-related Executive Orders signed by the President since January 20), OIL's workload is expected to increase dramatically across most of these categories. The organization works closely with United States Attorney's Offices on immigration related matters, and OIL provides support and counsel to all federal agencies involved in the admission, regulation, and removal of noncitizens under our immigration and nationality statutes, as well as related areas of border enforcement and national security.

Requirements:
Conditions of Employment:

• Must be a U.S. Citizen or National
• Must complete a Background Investigation to include drug testing
• All male applicants born after 12/31/1959 must have registered for the selective service. If selected, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.
• May require completion of a 2-year trial period. (Please refer to the trial period statement under Qualifications.)
• May be required to obtain and maintain a Top Secret security clearance with eligibility for Sensitive Compartmented Information (SCI) access depending on organizational assignment / duty location.
• It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.
• Financial Disclosure: If selected, you will be required to disclose financial information in accordance with DOJ and Federal ethics guidelines.

Qualifications:

• Applicants must possess a J.D. degree (or equivalent) and be an active member of the bar (any U.S. jurisdiction) by their entry on duty date. Law school graduates who took the July 2026 bar examination and are awaiting bar examination results and/or admission may be considered, provided they satisfy the active bar membership requirement by their entry on duty date.
• To qualify at the GS-11 grade level, applicants must have up to one (1) year of legal experience.
• To qualify at the GS-12 grade level, applicants must have minimum (1) or more years post-J.D. legal experience
• To qualify at the GS-13 grade level, applicants must possess at least one and one-half (1.5) years of post-J.D. legal experience.
• To qualify at the GS-14 grade level, applicants must possess at least two and one-half (2.5) years of post-J.D. legal experience.
• To qualify at the GS-15 grade level, applicants must possess at least four (4) years of post-J.D. legal experience.

Qualifications must be met by the closing date of the vacancy announcement.

Preferred qualifications: Applicants should also have excellent academic credentials and outstanding advocacy and legal writing skills. Experience arguing motions, handling discovery, developing expert witness testimony, trying cases, and a federal judicial clerkship are highly desirable.

Trial Period Statement
As a condition of employment for accepting this position in accordance with section 11.5 of Executive Order 14284, you will be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:

• your performance and conduct;
• the needs and interests of the agency;
• whether your continued employment would advance organizational goals of the agency or the Government; and
• whether your continued employment would advance the efficiency of the Federal service.

Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

Education:
All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov.

Or

Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www.ed.gov/about/initiatives/international-affairs/recognition-of-foreign-qualifications

All documentation must be in English or include an English translation.

Additional Information:
The Division plans to onboard new attorneys by September 6, 2026, with recruitment incentives contingent upon the availability of funding. Because the onboarding process can be lengthy and funding is limited, applicants are strongly encouraged to submit their completed application as soon as possible for consideration.

Applicants approved for a signing bonus must sign a service agreement prior to onboarding, committing to a service period of two years or longer, depending on the candidate's experience.

Applicants who are currently employed by the federal government are not eligible for a recruitment incentive.

Veteran Preference: If you are entitled to or claim veterans' preference (VP), you should indicate the type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at: http://www.opm.gov/policy-data-oversight/veterans-services/vet-guide/.

There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Ap

---