The success of the United States’ legal system lives and dies by the notion that our courts are impartial. Yet, the current classification of America’s immigration courts as Article III courts prioritizes political agenda over judicial integrity.
Although there are numerous challenges facing immigration courts today, this article will address two of the most fundamental threats to America’s immigration courts.
Conflict of Interest
As it stands, America’s immigration courts are classified as Article III courts, placing them under the control of the Department of Justice (DOJ). As opposed to an Article I court, which may operate independently from the federal government, immigration courts as Article III courts are overseen by the same forces that prosecute federal immigration cases. Additionally, immigration judges are not afforded the same securities as Article I judges – securities such as tenure – as they are appointed and employed by the US Attorney General. This amounts to the fact that immigration judges are directly under the control of the DOJ and the US Attorney General, greatly hindering their ability to be impartial and make just rulings.
This blatant conflict of interest cannot stand if there is any hope of maintaining judicial integrity in the American court system.
Case Backlogs
In addition to the aforementioned structural issues, immigration judges are faced with heavy caseloads, and an overall lack of funding. While the United States pumps money into detention centers, immigration courts are understaffed and underfunded. Individuals waiting to be seen by the court experience long wait times, and are denied their fundamental right to a timely trial. Additionally, long wait times can hinder the defendant’s case; if the case relies on a witness testimony a delay in proceedings can mean that the respondent loses track of a witness, or witnesses may pass away during the waiting period.
Additionally, in cases where the respondent is fleeing from harm in their home county, the implications of long wait times can have disastrous consequences. Not only is the individual forced to relive past traumatic experiences when they prepare – and then re-prepare – for cases that are delayed, but also they may be at risk physically.
Furthermore, former Attorney General Jeff Sessions implemented “case completion quotas” for immigration judges – forcing them to complete a set number of cases within a given time frame. In implementing these quotas, Sessions placed a direct attack on judicial independence, as judges are forced to decide between taking the time necessary to make a proper decision and protecting their own employment status.
Where Do We Go From Here?
As it stands, immigration courts are under the control of the Department of Justice, which means they are vulnerable to the Trump administration. In order to maintain fair due process for immigrants who face the courts, the immigration court must become an independent Article I court. Organizations including the Bar Association, the American Immigration Lawyers Association, and the National Association of Immigration Judges are committed to changing the structure of America’s immigration courts. Together, they continue to urge Congress to grant independence to immigration judges and immigration courts. Reform is necessary to prevent immigration courts from becoming mere enforcement agencies for a corrupt political agenda.
Additional reading :
AILA Calls for Independent Immigration Courts
https://www.aila.org/dueprocess#PDF
Federal Bar Association: Congress Should Establish an Article I Immigration Court
http://www.fedbar.org/Advocacy/Article-1-Immigration-Court.aspx
Immigration Judges Pushing for Independence
https://www.bostonglobe.com/metro/2013/07/16/federal-immigration-judges-seek-independence-from-department-justice/S27pDSkb1qx2CoWUmLLR7H/story.html
How a ‘Dire’ Immigration Court Backlog Affects Lives: Interview with Judge Dana Leigh Marks, President of the National Association of Immigration Judges
https://www.pbs.org/newshour/show/dire-immigration-court-backlog-affects-lives