American Bar Association (ABA) calls on Congress to make sweeping changes in order to fix the immigration court system “on the brink of collapse.” – currently face backlogs of over 855,000 cases. In 2018, former Attorney General Sessions stripped judges of their ability to administratively close cases, restricted asylum for victims of domestic violence, and limited judges’ ability to dismiss cases.
ABA’s solution to this problem would be make the immigration court an “Article I” court, similar to federal tax court or bankruptcy courts. Under this new system, the Attorney General would have no authority to directly overrule judges or set precedent, and judges could not be disciplined for failing to meet case completion quotas. The lack of independence in the immigration court system is so dire that the ABA is making an unprecedented call for the government to suspend the hiring of all new immigration judges until the immigration court have been made more independent.
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