Think Immigration: Could This Be Our Time?

Last Tuesday, the nation sent a resounding rebuke to the current Administration, and we watched states trade in tattered red for hopeful blue. We did it—and did it convincingly. The positivity is infectious, especially among our colleagues and clients, who have so much on the line. With so much renewed energy in the air, I can’t help but wonder: could this be the time we finally see immigration reform?

The abuses in our immigration system have been egregious. We’ve watched the current Administration strip away due process, rip families apart, disappear immigrants to random countries, and even defend Department of Homeland Security (DHS) agents killing multiple immigrants and U.S. citizens. The entire world has been watching these very public violations, and that has created a platform for change. We voiced our opinions with our votes. Now we must make sure our elected lawmakers do the work; campaigns are energizing, but it is time for action.

Congress faces real challenges, given the executive branch’s control over immigration, but that doesn’t mean change is impossible. First, Congress must put an end to overzealous enforcement actions. I hope to see this new Congress investigate current leaders and hold them accountable for their failures and their clear departure from the rule of law. We cannot continue down the current path for another two years.

I also can’t think of a better time to establish an Article I immigration court. Our contradictory system calls immigration judges “judges,” but they are Department of Justice (DOJ) employees appointed by the Attorney General, leaving only the vague semblance of impartiality. Since January 2025, more than 200 immigration judges have been fired or have left. Reports show that of the 177 precedent decisions published by the Board of Immigration Appeals and the Attorney General in that time, only two favored the noncitizen, and both on narrow procedural grounds. The immigration court system has already been gutted and manipulated. For due process to mean something, our judges must be removed from the DOJ and placed in an Article I court.

Beyond stopping inhumane enforcement and establishing impartial courts, I hope to see real reform: reform that gives Dreamers, workers, and longtime residents (physical residents, not necessarily legal ones) a chance at a future in the United States. Will it get done? Only time will tell. But whether this turns out to be our time, we should be ready to discuss and push forward these reforms, and that is exactly what we’ll be doing together on December 7.

Join us at the AILA New York Symposium to hear additional perspectives on the future of immigration law in 2027 and beyond from colleagues, former immigration judges, and (an expected, but pending) government representative. Continuing Legal Education (CLE) credit will be available for every panel, including the coveted New York credits for Cybersecurity, Ethics, and Skills. Registration is now open and early-bird registration ends at 11:59p.m. ET November 9, 2026. I hope to see you there!