For years, the immigration court system has been plagued by systemic problems that have severely undermined its ability to deliver just and fair decisions in a timely manner. Housed within the DOJ, the Executive Office for Immigration Review (EOIR) is vulnerable to executive branch interference, a structural flaw which the current administration has exploited and which undermines the very integrity of the system. These problems are compounded by a growing case backlog that is nearing 900,000 cases. While oversight would slow the most recent policies, it would not remedy the conflict of interest inherent in an immigration court system that is firmly under the control of the Attorney General. AILA urges Congress to introduce bipartisan legislation that establishes an independent immigration court system, outside the DOJ, under Article I of the Constitution.
What is next for the immigration court system?