Featured Issue: How the Biden Administration Must Reform Immigration Courts

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, as well as 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. It is imperative that Congress pass legislation that creates an independent Article I immigration court system.

View resources on AILA’s campaign to win to passage of the Real Courts, Rule of Law Act of 2022 (H.R. 6577), which would create an independent Article I immigration court.

AILA also urges the Biden administration to reform the immigration courts through executive action. See below for resources on why the courts need to be rehabilitated, progress that's been made, and how you can help.

Resources on Rehabilitating the Immigration Courts

• Policy Brief: Use of Virtual Hearings in Removal Proceedings - May 4, 2022
• AILA Statement: “Why America Needs an Independent Immigration Court System,” submitted to the House Judiciary Committee’s Subcommittee on Immigration and Citizenship - January 20, 2022
• How the Trump Administration Broke the Immigration Court System – April 19, 2021
• Policy Brief: Why President Biden Needs to Make Immediate Changes to Rehabilitate the Immigration Courts - February 12, 2021
• AILA and Partners Send Letter to President Biden on DOJ Reform of Immigration Courts and Enforcement Priorities – February 1, 2021
• AILA and Partners Urge DOJ to Review EOIR Personnel and Install New Leadership – May 19, 2021
• Featured Issue: Use of Video Teleconferences During Immigration Hearings
• AILA Position on the Use of Virtual Hearings in Removal Proceedings – October 20, 2021

Agency Announcements

• Featured Issue: Biden Administration Recognizes the Immigration Judge Union - December 7, 2021
• 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

• 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 Pointer: “Operation Horizon” and What to Do with Your Client’s Notice to Report (Form I-385) – December 3, 2021
• Practice Alert: EOIR Final Rule Making Major Changes to BIA Procedures Enjoined by District Court – March 26, 2021
• Practice Alert: Federal Court Grants Partial Injunction of Proposed EOIR Fee Increases – January 23, 2021

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
• Senators Urge Attorney General Garland to Make Key Reforms to Immigration Courts - March 23, 2021
• Just Security: The Urgent Need to Restore Independence to America’s Politicized Immigration Courts – November 12, 2020
• Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts – September 14, 2020

Take Action

• Help us advocate for consistent, fair WebEx policies by sharing your examples: Call for Examples: Tell AILA What’s Going Wrong (and Right!) With WebEx
• Use AILA’s template to ask your member of Congress to make immediate reforms to guarantee judicial independence, fairness, and consistency in decision-making.

Cite as AILA Doc. No. 21041931.