Legal Careers
Trial Attorney (Detail to OIL/DNS)
The District Court National Security Section of the Office of Immigration Litigation, Civil Division, seeks multiple Department attorneys for non-reimbursable details. The details will end on September 30, 2025, with the option to extend by agreement between Civil Division and the originating agency or office. Applicants should receive supervisory approval before applying.
The Office of Immigration Litigation (OIL) Branch is responsible for the nationwide coordination of all civil immigration litigation before the federal district courts and circuit courts of appeals. OIL has two sections: the General Litigation and Appeals Section (OIL-GLA) and District Court National Security Section (OIL-DNS).
OIL-DNS handles immigration litigation in all federal district courts with a national security nexus, as well as appeals that arise from those cases. OIL-DNS works closely with the Departments of Homeland Security (DHS) and its constituent components, the Department of State (DOS), intelligence community counterparts, and the United States Attorneys’ offices. OIL-DNS also 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.
OIL-DNS litigates a diverse docket of national security-related matters, defending executive agencies, in individual, multi-party, and class action litigation in district and appellate courts, nationwide. The Section’s work arises in a variety of immigration contexts, including defense of: de novo lawsuits under 8 U.S.C. §§ 1421(c) and 1447(b), denials and delays of naturalization applications to prevent terrorists from obtaining United States citizenship (and U.S. passports); habeas corpus petitions filed by individuals posing a national security threat; national-security-focused challenges to the denial of applications for adjustment of status and visas under the Administrative Procedure Act; class-action and programmatic challenges to national-security checks and immigration-benefit adjudications; and mandamus challenges to immigrant-benefit application delays involving both overt and non-overt national-security concerns. A critical component of DNS’s complex work involves litigation of extraordinary detention authorities to detain suspected or known terrorists presenting unique removal challenges as some of the most dangerous aliens in the United States. Additionally, OIL-DNS has primary responsibility for the litigation of cases where the government has denied or revoked citizenship benefits after determining that the plaintiff-recipient was born to a diplomat with privileges and immunities, and not “subject to the jurisdiction” of the United States under the Fourteenth Amendment. OIL-DNS also has primary responsibility for the litigation of cases filed under 8 U.S.C. § 1481 seeking to renounce United States citizenship domestically or expatriate and relinquish United States citizenship abroad. OIL-DNS’s portfolio is expansive and includes trial litigation and appeals of constitutional challenges to vetting programs, the special immigrant visa program, as well as programmatic and individual challenges to application of Foreign Terrorist Organization designation waivers and exemptions. OIL-DNS is responsible for establishing uniform national litigation positions and strategies in coordination with U.S. Attorney’s Offices within its area of responsibility.
OIL-DNS attorneys handle individual and class-based challenges to the Immigration and Nationality Act and its implementing regulations related to National Security. Many of these challenges involve issues of first impression involving constitutional rights and entitlements, statutory interpretation, federal authority over immigration matters, agency rulemaking procedures, and Article III standing. In federal courts around the country, OIL-DNS primarily represents the interests of client agencies, including the Department of Homeland Security and Department of State.
Work includes handling all aspects of trial and appellate practice in all jurisdictions nationwide.
Travel may be required to take depositions, conduct oral argument, or provide trial advocacy.
Applicants must possess a J.D. degree or equivalent, be an active member of the bar (any U.S. jurisdiction), have at least one year of post-JD legal experience, be a current Department of Justice Attorney and a U.S. citizen. Applicants must have excellent writing and advocacy skills, as well as superior negotiation and interpersonal skills. Successful applicants will be highly motivated, exhibit sound judgment and creativity.
This position does not require or provide a clearance. The applicant should be able to obtain a Top Secret clearance, if needed.
Candidates should apply to https://www.usajobs.gov/GetJob/ViewDetails/831637900 by February 28, 2025. Prior to submitting your materials, you must have supervisory support for consideration of this detail.
This announcement is intended to provide readily available applicants for detail positions within OIL-DNS, Civil Division. Multiple positions may be filled from this announcement. Two candidate lists will be generated: one on 2/21 and the second on 3/3. Qualified applicants will be reviewed and referred to Management.
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflicts of interest or disqualification issues that may need to be addressed under those circumstances.
Under a detail assignment, there is no change to the selectee’s base pay. The positions will be filled at the employee's current grade level.
Department Policies
The United States government does not discriminate in employment on the basis of race, color, religion, sex, pregnancy, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service or other non-merit factor. To learn more, please visit the U.S. Equal Employment Opportunity Commission.
This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements. Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority. Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.
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 behalf from 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.
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. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis.
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 Veteran 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.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
Assistant United States Attorneys must reside in the district to which appointed or within 25 miles thereof. See 28 U.S.C. 545 for district specific information.
This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.