TO BUILD A BETTER IMMIGRATION SYSTEM CONGRESS NEEDS TO ACT

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America needs an immigration system that respects our long traditions as a welcoming nation and builds a foundation for meeting the challenges of the 21st century. The current system is sorely outdated and badly in need of reform. Congress must act swiftly, using not only its legislative power but also its oversight and budget authorities to secure lasting reform.

Our immigration court system suffers from profound structural problems that have severely eroded its capacity to deliver just decisions in a timely manner. The root cause of this dysfunction is a conflict of interest built into the system: immigration courts are a part of the Department of Justice (DOJ) – the very same law enforcement agency that is charged with prosecuting immigration cases in federal courts. This structural flaw has been taken advantage of to manipulate the immigration court for political purposes, fundamentally compromising the integrity of the courts as well as public confidence in its outcomes. America needs a just and efficient immigration judicial system not just to ensure due process, but also to ensure the success of the enforcement system and the legal immigration system. It is imperative to make immediate reforms to guarantee judicial independence, fairness, and consistency in decision-making.

WHAT CONGRESS CAN DO

  • Congress can create an Independent Immigration Court. To operate in a balanced and fair manner, the immigration courts must be separate and independent from DOJ. Congress should pass legislation creating an independent, Article I immigration court.
  • Restore due process. Congress should ensure that DOJ and the Executive Office for Immigration Review (EOIR) reverse policies that rush cases at the cost of due process and encourage them to rescind policies that unduly restrict access to asylum and other forms of relief.
  • Support the right to counsel. Having legal counsel is the single most important factor in ensuring migrants get a fair day in court and in ensuring due process. Congress should pass legislation guaranteeing appointed counsel and access to counsel, and fund Executive Branch programs that support the right to counsel. The Immigration Courts: Nothing Like What You Have Imagined Read more at www.aila.org/immigrationcourts Ineffective management of the immigration court system continues to impair the quality and quantity of judicial decisions; the court backlog has skyrocketed to approximately 1.3 million cases.
  • America needs an immigration system that respects our long traditions as a welcoming nation and builds a foundation for meeting the challenges of the 21st century. The current system is sorely outdated and badly in need of reform. Congress must act swiftly, using not only its legislative power but also its oversight and budget authorities to secure lasting reform.
  • Our immigration court system suffers from profound structural problems that have severely eroded its capacity to deliver just decisions in a timely manner. The root cause of this dysfunction is a conflict of interest built into the system: immigration courts are a part of Department of Justice (DOJ) – the very same law-enforcement agency that is charged with prosecuting immigration cases in federal courts. This structural flaw has been taken advantage of to manipulate the immigration court for political purposes, fundamentally compromising the integrity of the courts as well as public confidence in its outcomes. America needs a just and efficient immigration judicial system not just to ensure due process, but also to ensure the success of the enforcement system and the legal immigration system. It is imperative to make immediate reforms to guarantee judicial independence, fairness, and consistency in decision-making.
  • WHAT CONGRESS CAN DO
    • Congress can create an Independent Immigration Court. To operate in a balanced and fair manner, the immigration courts must be separate and independent from DOJ. Congress should pass legislation creating an independent, Article I immigration court.
    • Restore due process. Congress should ensure that DOJ and the Executive Office for Immigration Review (EOIR) reverse policies that rush cases at the cost of due process and encourage them to rescind policies that unduly restrict access to asylum and other forms of relief.
    • Support the right to counsel. Having legal counsel is the single most important factor in ensuring migrants get a fair day in court and in ensuring due process. Congress should pass legislation guaranteeing appointed counsel and access to counsel, and fund Executive Branch programs that support the right to counsel. The Immigration Courts: Nothing Like What You Have Imagined Read more at www.aila.org/immigrationcourts Ineffective management of the immigration court system continues to impair the quality and quantity of judicial decisions; the court backlog has skyrocketed to approximately 1.3 million cases.

See AILA America as a Welcoming Nation: A Roadmap dated April 14, 2021, available at www.aila.org.