Featured Issue: Establishing a Fair and Independent Immigration Court
Congress must act now to address the profound structural problems within the U.S. immigration court system. While most courts are shielded from the political branches, immigration courts operate under the control of the Department of Justice and are therefore highly vulnerable to political interference. Since taking office, the Administration has aggressively exploited this weakness by firing over 100 judges, stripping the ones who remain of their authority, pressuring them to deny immigrants their due process, and subjecting them to quotas that require them to deport and detain large numbers of people. The solution is to create an independent immigration court that is more insulated from external pressures so it can restore public trust by upholding due process and the rule of law.
AILA welcomes the introduction of the Real Courts, Rule of Law Act that will create an independent immigration court system. Identical versions of the bill have been introduced in the House (Lofgren, D-CA) and the Senate (Gillibrand, D-NY, and Durbin, D-IL).
Browse the Featured Issue: Establishing a Fair and Independent Immigration Court collection
Take Action: Support the Real Courts Rule of Law Act
The immigration court system is in crisis and Congress must pass urgent reform to maintain judicial independence, reduce the backlog, and ensure due process. Get involved now!
The Advocates for Human Rights File Lawsuit to Protect Public Access to Immigration Court Hearings
The Advocates for Human Rights filed a lawsuit against DOJ and EOIR in the DC District Court to challenge DOJ's increasing restrictions in public access to hearings at the Fort Snelling Immigration Court in Minnesota. (The Advocates for Human Rights v. Bondi et al., 3/12/26)
AILA: Creation of Independent Immigration Court System More Important Than Ever
AILA President Jeff Joseph and Executive Director Ben Johnson welcomed the newly introduced "Real Courts, Rule of Law Act of 2026" which would "lay a new foundation for the courts as an independent institution that will no longer be controlled by the Executive Branch.”
Policy Brief: Critical Threats Endanger Due Process in Immigration Courts
Recent policy changes made to the immigration courts prioritize speed and enforcement over fairness, efficiency, and accuracy. These decisions raise critical due process concerns and produce fewer safeguards to error. This brief overviews these policy changes and recommendations for improvement.
Policy Brief: Militarizing Immigration Courtrooms
On August 28, DOJ finalized a new rule that lowers the eligibility standards for temporary immigration judges, increasing concerns about their ability to rule fairly and efficiently while undermining due process. This policy brief explores these new changes and potential impacts.
AILA Submits Statement for Markup of Real Courts, Rule of Law Act of 2022
AILA submitted a statement to the House Judiciary Committee for the markup of the Real Courts, Rule of Law Act of 2022 (H.R.6577). AILA urges Congress to pass this legislation, which would create an independent immigration court system under Article I.