AILA: Creation of Independent Immigration Court System More Important Than Ever

WASHINGTON, DC – Leaders at the American Immigration Lawyers Association (AILA) welcomed newly introduced legislation that would create an independent immigration court system. The Real Courts, Rule of Law Act of 2026 was introduced by Representatives Zoe Lofgren (D-CA), Jamie Raskin (D-MD), Hank Johnson (D-GA), and Dan Goldman (D-NY)

AILA President Jeff Joseph stated, "AILA applauds Congresswoman Lofgren and her cosponsors for introducing this urgently needed bill that will restore independence, integrity, and fairness to America’s immigration courts. Overseen by the Department of Justice, the immigration court system is far more vulnerable to political interference than other courts. In a single year, Attorney General Bondi has fired over one hundred judges and given those who are willing to remain new titles as ‘deportation judges.’ This administration’s agenda is clear: failure to follow this administration hardline deportation and bond policies will have consequences on your career. That’s not the rule of law. That’s authoritarianism.  Judges are being asked to toe the party line on deportation policies—even when such policies violate federal court orders to the contrary, and this has left judges with very little judicial discretion or independence. The only way to stop the continued erosion of due process and to restore the rule of law is to lay a new foundation for the courts as an independent institution that will no longer be controlled by the Executive Branch.”

AILA Executive Director Benjamin Johnson added, "Every day, AILA attorneys across the country see how our immigration courts are being pushed further away from what a court of law should be. Instead of operating as neutral, independent decision-makers, too many judges are pressured to function as extensions of an enforcement system. That is not justice. Courts must be fair and impartial. That’s why AILA supported Congresswoman Lofgren’s bill in 2022, and why we applaud her continued leadership—and that of her cosponsors—in reintroducing it today. Judges should never feel compelled to deport, detain, or dismiss cases in ways that contradict the law, nor should they fear retaliation for refusing to follow a political agenda. Creating an independent immigration court is a critical first step to protecting due process, restoring integrity, and ensuring decisions worthy of the public’s trust.”