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

Agency Announcements

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

Other Resources

Take Action

Cite as AILA Doc. No. 21041931.