Hundreds of people, primarily lawyers and judges, have been appointed to the Environmental and Natural Resources (ENRD) and Antitrust and Immigration Review divisions of the DOJ using its "Schedule A" hiring authority since President Joe Biden took office, documents shared with the DCNF by PPT show. Schedule A hiring does not require appointments to be made on the basis of merit and appointments do not expire at the end of the current president's term, meaning these bureaucrats will stick around even if former President Donald Trump takes office in 2025, according to the Office of Budget and Management.

The hiring process is intended to benefit people with "intellectual disabilities, severe physical disabilities or psychiatric disabilities" but it can also be used to staff specialist positions as chaplains, scientists, and attorneys or to fill critical hiring needs, according to federal regulations.

"The Biden-Harris administration and its allies have already signaled their intent to hamstring their successor and prevent a future president from reversing their agenda," PPT director Michael Chamberlain said in an advance copy of a press release shared with the DCNF. "Exploiting non-competitive hiring authorities to fill career civil service positions could be just another component of this scheme. It's no wonder that the public's trust in its government has all but disappeared."

The DOJ used Schedule A to hire well over 100 immigration judges for its Immigration Review division, per the documents. Immigration judges are responsible for deciding "whether a noncitizen may remain in the United States or must leave the country," according to the DOJ.

At the end of the 2020 fiscal year, around when Biden took office, immigration courts had a backlog of roughly 1.3 million cases, according to the DOJ. That number had ballooned to 3 million under the Biden-Harris administration, PBS reported in January.

"The administration is also using Schedule A to install immigration judges — again, outside of the normal merit-based system — who will rule on cases of those in a position to benefit from the administration's immigration policies," PPT's press release reads.