The Attorney General’s Judges: How the U.S. Immigration Courts Became a Deportation Tool

The immigration court system in the U.S. is fundamentally flawed and, under President Trump’s attorneys general, has “effectively collapsed.” This is the main finding of a report by the Southern Poverty Law Center. The report explores the key institutional and structural problems within the immigration court system and their effect upon individuals navigating high-stakes cases. The Executive Office for Immigration Review (EOIR), housed under the Office of the Attorney General, oversees the entire system. According to the report, there are numerous violations of due process and severely unequal application of the law. For instance, most asylum seekers do not have access to immigration attorneys because there is no specific right to counsel and most petitioners cannot afford to hire private attorneys. This situation has resulted in wide discrepancies in final determinations among immigration judges, some of whom approve cases at high rates and others who do not. Moreover, immigration courts do not have an appeals process and, according to focus groups with immigration lawyers, there is often a lack of basic respect and professionalism from judges and other court employees. The authors also object to the blatant attempt of the Trump administration to use the court system for political purposes. Finally, they suggest that the immigration courts should be moved out from under the Office of the Attorney General and be designated an independent Article 1 Court. “Only by removing the immigration courts from the dangerous control of the executive branch can a fair, independent adjudication system be created.” (Mia Fasano for The Immigrant Learning Center’s Public Education Institute)

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