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 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)

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

AILA urges the Biden Administration to reform the immigration courts

Agency Announcements

A.G. Garland Certifications

Practice Resources

View All Practice Resources   Contact AILA’s EOIR Liaison Committee

Read Minutes from AILA National Committee Meetings with Agencies

Other Resources

Cite as AILA Doc. No. 21041931.