U.S. Immigration Courts ‘On the Brink of Collapse’
The American Bar Association (ABA) have recently released a report calling the United States immigration court system, “irredeemably dysfunctional and on the brink of collapse.” The American Bar Association believes that, “the immigration courts are facing an existential crisis.” Since the Trump administration took office their policies in regards to immigration have undermined the independence of immigration judges and weakened due process in the immigration court system. Not only that but the rapidly growing backlog of cases have also contributed to the many problems this court system faces not to mention the “under resourced, overworked” judges and court staff. The American Bar Association is calling for an independent “Article I” court system similar to the U.S. Tax Court to handle the immigration cases. The American Bar Association has stated that, “We recommended the creation of an Article I court system for the entire immigration judiciary as a first preference and the creation of an independent agency in the Executive Branch as a good second option. In either case, the system would include both a trial level and an appellate level tribunal. The specific features of the two approaches would differ primarily with respect to the selection, tenure, and removal of judges.” If you have any questions or concerns about this topic please feel free to contact an immigration attorney.