Article
Re-Envisioning the Immigration Courts
Immigration Briefings
(2021)
Abstract
Westlaw log-in required. The actions of the Trump Administration to upend immigration adjudication have led to renewed and alarmed calls to move the immigration courts out of the DOJ. While observers in previous eras had sometimes recommended the creation of an independent executive agency, the current calls for action universally urge the creation of an Article I court for immigration similar to the U.S. Tax Court, the U.S. Court of Federal Claims, and other tribunals created under the Article I powers of Congress. As creations of statute, each Article I court has a distinct structure and organization, often arising out of the unique history of the adjudication of claims under its jurisdiction. Creation of an Article I immigration court, then, raises many questions as to its structure, functions, and status. This article surveys some key questions that any new legislation would have to consider and, drawing from other Article I courts and from the history of the immigration courts themselves, highlights potential pitfalls and possible solutions.
Keywords
- immigration,
- immigration courts,
- executive powers,
- DOJ,
- Department of Justice,
- courts,
- court reform
Disciplines
Publication Date
October, 2021
Citation Information
Alison Peck. "Re-Envisioning the Immigration Courts" Immigration Briefings Vol. 21 Iss. 10 (2021) p. 1 Available at: http://works.bepress.com/alison_peck/46/