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Trial Attorney - Office of Immigration Litigation

Department of Justice
Offices, Boards and Divisions
Civil Division, Office of Immigration Litigation Branch

Summary

The Office of Immigration Litigation (OIL) is responsible for the nationwide coordination of all civil immigration litigation before federal circuit court of appeals and nearly all litigation in the district courts. OIL is comprised of more than 360 attorneys, litigation support, and administrative professionals. The office is led by a Director, three Deputy Directors, and one Associate Director, along with a dynamic group of attorney managers.

Overview

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Accepting applications
Open & closing dates
01/30/2026 to 05/07/2026
Salary
$121,785 to - $197,200 per year
Pay scale & grade
GS 13 - 15
Location
9 vacancies in the following location:
Washington, DC
Remote job
No
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Occasional travel - You may be expected to travel for this position.
Relocation expenses reimbursed
No
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
15
Job family (Series)
Supervisory status
No
Security clearance
Top Secret
Drug test
Yes
Position sensitivity and risk
Critical-Sensitive (CS)/High Risk
Trust determination process
Financial disclosure
Yes
Bargaining unit status
No
Announcement number
CIV-12876018-26-TLM
Control number
856052700

This job is open to

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Clarification from the agency

United States Citizens

Duties

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The office is led by a Director, three Deputy Directors, and one Associate Director, along with a dynamic group of attorney managers, all who collectively reflect an abiding dedication to public service.

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.

This is not a remote location position. You will be required to work in person five days a week.

Requirements

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Conditions of employment

  • Must be a U.S. Citizen or National
  • Selective Service Registration is required, as applicable
  • May require completion of a 2-year trial period. (Please refer to the trial period statement under Qualifications.)
  • Must be able to successfully complete a background investigation and may be required to obtain a clearance.
  • 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), be an active member in good standing of the bar (any U.S. jurisdiction), be a U.S. citizen, and possess at least 1 year post J.D. (or equivalent) legal or other relevant experience. The minimum years of post-law degree experience commensurate with the grade level of eligibility is shown below.

Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level.

  • To qualify at the GS-13 grade level, applicants must have minimum 1.5 years post-JD legal experience.
  • To qualify at the GS-14 grade level, applicants must have minimum 2.5 years post-JD legal experience.
  • To qualify at the GS-15 grade level, applicants must have minimum 4 years post-JD legal experience.

Preferred qualifications: Applicants should have excellent writing, negotiation, and interpersonal skills; exhibit good judgment, and have experience in investigations and/or civil litigation. Applicants should demonstrate capability to manage a large, active docket of cases and produce polished work product in accordance with established deadlines. Experience in False Claims Act matters or complex civil litigation is 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

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, Application for 10-Point Veterans' Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdffor a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s).

DOJ EEO Statement/Policy: http://www.justice.gov/jmd/eeos/08-eeo-policy.pdf

Reasonable Accommodation Statement: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Schedule A: DOJ welcomes and encourages applications from persons with disabilities and is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department. DOJ also encourages eligible Schedule A applicants to submit their resumes to resume@benderconsult.com, and reference "Federal Career Opportunities" in the subject line. Additional information is found at: www.benderconsult.com.

Selective Service: If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law. Additional information is found at: www.sss.gov.

Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalffrom inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.

Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Applicant resumes will be reviewed regularly and issued to hiring officials on a rolling basis. If you are interested in applying, it is recommended that you do so early. Multiple positions will be filled from this announcement. We will accept applications through May 07, 2026. Candidate lists will be generated every two weeks and eligible applications received by the cutoff date will be sent to the selecting official. The cutoff dates to be referred to the selecting official are as follows: 02/12/2026, 02/26/2026, 3/12/2026, 03/26/2026, 4/09/2026, 04/23/2026, 5/07/2026. You will be evaluated for this job based on how well you meet the qualifications.

Your application will be evaluated by a reviewing panel.

Please Note: The Selecting Official may select additional candidates if more positions become available within 120 days after the closing date of the vacancy.

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