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AILA Doc. No. 21041931 | Dated March 24, 2023
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 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.
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Cite as AILA Doc. No. 21041931.
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