Loading....
Tell your Senators:
It’s Time to Reform the Immigration Judicial System
Currently, the Executive Office for Immigration Review (EOIR), which manages the immigration courts and the Board of Immigration Appeals (BIA), is part of the Department of Justice (DOJ). The Attorney General also supervises the Office of Immigration Litigation (OIL) which defends immigration cases on behalf of the government in the circuit courts of appeals. This is an inherent conflict of interest, which fundamentally compromises the court’s credibility, integrity, and ability to render fair and impartial decisions. In addition, immigration judges are considered merely government attorneys, not independent judges, which leaves them subject to the whims of the Attorney General.
The immigration courts are politicized, and various administrations have repeatedly made policy decisions not because they’re efficient or legally sound, but because they’re politically expedient. The courts also lack adequate funding and staffing. Because of these fundamental problems, the U.S. immigration court system is unable to deliver just and impartial decisions in a timely manner.
- Asylum attorneys believe that the asylum courts system is broken and report feeling burnout because they feel complicit in a dysfunctional system, founded on racism.
- Many immigration judges agree that the immigration court system has fundamental problems. The Trump administration starved the immigration courts of funding and restricted how much control judges had over their own dockets. making the job nearly impossible for those judges who care about providing fair and impartial justice to immigrants.
- The current backlog of cases is growing faster than ever and currently exceeds 1.7 million, which is severely delaying the resolution of all cases—with an average wait time exceeding five years—including cases that require urgent attention, such as those seeking asylum and humanitarian relief.
Congress needs to establish and fully fund an Article I immigration court system to ensure due process for those who appear before the courts and also empower the courts to function efficiently and effectively
The Real Courts, Rule of Law Act of 2022 (H.R. 6577) is the clear solution to fixing this deeply flawed system. This legislation would move the courts outside of the DOJ into an independent immigration court consistent with Article I of the United States Constitution. It would also offer immigration judges greater protection from undue influence, helping to ensure decisions that are fair and consistent. Article I judgeship would carry greater prestige and likely attract more highly qualified individuals, further strengthening the reputation and integrity of the system.
This narrowly tailored legislation does not alter substantive immigration law or policy. Instead, it would restructure an outdated court system, which has proven itself over and over again to be deeply flawed, into a new court system that is set up to deliver efficient, effective, and fair outcomes. This legislation is a good government solution to a problem that has been widely acknowledged by experts of all political backgrounds.
Sample Letter
Dear Senator,
As a person of faith who believes that all people have inherent worth and dignity and that all people deserve compassion and justice, I am deeply concerned that the U.S. immigration court system is politicized and suffers from serious structural problems that have diminished its capability to deliver just decisions in a timely manner and eroded public confidence in its decisions.
Currently, the Executive Office for Immigration Review (EOIR), which manages the immigration courts and the Board of Immigration Appeals (BIA), is part of the Department of Justice (DOJ). The Attorney General also supervises the Office of Immigration Litigation (OIL), which defends immigration cases on behalf of the government in the circuit courts of appeals. This is an inherent conflict of interest, which fundamentally compromises the court’s credibility, integrity, and ability to render fair and impartial decisions. In addition, immigration judges are considered merely government attorneys, not independent judges, which put them at the whims of the Attorney General.
As a result of these problems and the lack of adequate resources, the current backlog of cases currently exceeds 1.7 million. This is severely delaying resolution on all cases—with an average wait time exceeding five years—including cases that require urgent attention, such as those seeking asylum and humanitarian relief
Congress needs to establish an Article I immigration court system to ensure due process for those who appear before the courts and also empower the courts to function efficiently and effectively. The Real Courts, Rule of Law Act of 2022 (H.R. 6577) is the clear solution to fixing this deeply flawed system. This legislation would move the courts outside of the DOJ into an independent immigration court consistent with Article I of the United States Constitution. It would also offer immigration judges greater protection from undue influence, helping to ensure decisions that are fair and consistent.
The Real Courts, Rule of Law Act of 2022 would not alter substantive immigration law or policy. Rather, it would restructure an outdated court system, which has proven itself to be deeply flawed, into a new court system that is set up to deliver efficient, effective, and fair outcomes. It is simply a common sense, good government solution to a problem that should be supported by people of all political backgrounds
I urge you to introduce or co-sponsor a companion Senate bill to H.R. 6577.
Tell your Senators:
It’s Time to Reform the Immigration Judicial System
The immigration courts are politicized, and various administrations have repeatedly made policy decisions not because they’re efficient or legally sound, but because they’re politically expedient. The courts also lack adequate funding and staffing. Because of these fundamental problems, the U.S. immigration court system is unable to deliver just and impartial decisions in a timely manner.
Congress needs to establish and fully fund an Article I immigration court system to ensure due process for those who appear before the courts and also empower the courts to function efficiently and effectively
The Real Courts, Rule of Law Act of 2022 (H.R. 6577) is the clear solution to fixing this deeply flawed system. This legislation would move the courts outside of the DOJ into an independent immigration court consistent with Article I of the United States Constitution. It would also offer immigration judges greater protection from undue influence, helping to ensure decisions that are fair and consistent. Article I judgeship would carry greater prestige and likely attract more highly qualified individuals, further strengthening the reputation and integrity of the system.
Thank you for taking the Action!
Go back | Donate today!
Thank You!
Please share with anyone else who might be interested
Become a Member!
Unitarian Universalists for Social Justice (UUSJ) has been the leader for a national UU advocacy movement in Washington, DC., and will continue our efforts, acting from:
- Our conviction that Black Lives Matter
- Our belief that No Human Being is Illegal
- Our care for the planet which sustains us all and merits respect
- Our commitment to a people-centered sustainable economy
- Our stance that this democracy should be inclusive