Featured Issue: Establishing a Fair and Independent Immigration Court
The U.S. immigration court system suffers from a profound structural problem—that it operates under the direction of the Department of Justice and is therefore particularly vulnerable to political interference. Since taking office, the Administration has exploited this weakness to undermine fair hearings, pressure judges to deport and detain people, and to fire over one hundred immigration judges without explanation. Other administrations have also exerted influence on the courts. More than ever, America needs an independent immigration court to protect due process, uphold the rule of law, and restore public trust.
Browse the Featured Issue: Establishing a Fair and Independent Immigration Court collection
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.