Saturday, May 1, 2021

President Biden should call for Article I immigration courts


Photo courtesy of West Virginia College of Law website

There have been many calls for reforms of the immigration court system.   "One urgently needed aspect of immigration law reform that deserves bipartisan support: creation of independent, Article I immigration courts," writes professor Alison Peck in an op-ed for The Hill. ImmigrationProf recently highlighted Peck's new book on the history of the immigration courts.  Peck points out that, because immigration courts are currently part of the Department of Justice, immigration judges "are actually lawyers who work for the attorney general who can decide on any immigration case, at any time" and "enjoy none of the protections from politics that Americans expect of the federal judiciary." "Creating an independent Article I immigration court system wouldn’t change the underlying immigration laws or DHS’s right to enforce them," Peck concludes. "It would simply ensure that all individuals before the courts of the United States receive a fair hearing sheltered from the shifting winds of politics." 


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