Featured Issue: America Needs a Fair and Independent Immigration Court

The U.S. immigration court system suffers from profound structural problems that have severely eroded its capacity to deliver just decisions in a timely manner and eliminated public confidence in its outcomes. The Trump Administration used these foundational flaws to manipulate the courts to their breaking points — pressuring judges to render decisions at a break-neck pace at the cost of accuracy, eliminating docketing tools, growing the backlog, and restricting access to relief.

• AILA urges Congress to pass legislation creating an independent immigration court.
• AILA urges the Biden Administration to reform the immigration courts.

AILA urges Congress to create an independent immigration court.

AILA urges Congress to pass the Real Courts, Rule of Law Act (Real Courts bill) previously introduced in 2022 by Representatives Zoe Lofgren (D-CA), Jerrold Nadler (D-NY), and Hank Johnson (D-GA) as H.R. 6577. Unlike other courts, our nation’s immigration courts are controlled by the Department of Justice — the very same law enforcement agency that is charged with prosecuting criminal immigration cases in federal courts. The Real Courts bill would create an immigration court system under Article I of the Constitution, reforming our immigration courts into an independent system that can ensure fair and efficient outcomes.

The Real Courts, Rule of Law Act of 2022 (H.R. 6577)

• Bill Text
• Section-by-Section Summary of Bill provided by Representative Zoe Lofgren’s office
• One-Page Summary of Bill provided by Representative Zoe Lofgren’s office

Resources on the Real Courts, Rule of Law Act of 2022 and Creation of an Independent Court

• AILA Welcomes Legislation to Create Independent Immigration Court
• AILA Submits Statement for Markup of Real Courts, Rule of Law Act of 2022 – April 5, 2022
• "Why America Needs an Independent Immigration Court System - Statement submitted to the House Judiciary on January 20, 2022
• AILA Video: It's Time for Immigration Court Reform
  
• New York Times (Opinion): Immigration Courts Aren't Real Courts. Time to Change That.

AILA urges the Biden Administration to reform the immigration courts

• Policy Brief: Why President Biden Needs to Make Immediate Changes to Rehabilitate the Immigration Courts - February 12, 2021
• AILA Recommendation on the Use of Video Teleconferences in Immigration Court
• How the Trump Administration Broke the Immigration Court System – April 19, 2021
• AILA Policy Brief: Restoring Integrity and Independence to America's Immigration Courts - January 24, 2020

Agency Announcements

• EOIR Amends PM 21-18 on Filing Deadlines in Non-Detained Cases – December 16, 2021
• EOIR Issues Policy Memo on Administrative Closure Following Matter of Cruz-Valdez – November 22, 2021
• EOIR Rescinds and Cancels PM 21-08 and Provides Guidelines for Pro Bono Legal Services – November 5, 2021
• EOIR Announces Dedicated Docket Process for More Expeditious Immigration Hearings – May 27, 2021
• EOIR Issues Policy Memo Revising Case Flow Processing Before the Immigration Courts – April 2, 2021
• EOIR Rescinds Policy Memorandum on Case Processing at the BIA – March 17, 2021
• Tracking Changes to the EOIR Policy Manual

A.G. Garland Certifications

• CORONADO ACEVEDO, 28 I&N Dec. 648 (A.G. 2022)
• B-Z-R-, 28 I&N Dec. 424 (A.G. 2021)
• NEGUSIE, 28 I&N Dec. 399 (A.G. 2021)
• A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021)
• CRUZ-VALDEZ, 28 I&N Dec. 326 (A.G. 2021)
• A-B-, 28 I&N Dec. 307 (A.G. 2021)
• L-E-A-, 28 I&N Dec. 304 (A.G. 2021)

Practice Resources

• Practice Alert: EOIR to Create Dedicated “EOIR 33” Docket – December 13, 2022
• Practice Alert: Long-Pending Joint or Unopposed Motions at the BIA 8/26/2022
• Practice Alert: EOIR Taking Select Cases Off Docket Pursuant to Chief Immigration Judge Memo, 7/20/2022

View All Practice Resources   Contact AILA’s EOIR Liaison Committee

Read Minutes from AILA National Committee Meetings with Agencies

Other Resources

• Representatives Urge Attorney General to Reverse Trump’s Attacks on Immigrants – June 10, 2021
• Former Immigration Judges Ask AG Garland to Review and Rescind Prior AG Certifications – May 25, 2021
• Senators Send Letter to Attorney General Garland to Stop Attacks on Immigration Judges – May 24, 2021
• Just Security: The Urgent Need to Restore Independence to America’s Politicized Immigration Courts – November 12, 2020

Cite as AILA Doc. No. 21041931.