ABA CALLS ON CONGRESS FOR AN INDEPENDENT IMMIGRATION COURT SYSTEM

U.S. immigration is always a popular topic of discussion. The focus of the discussion is mostly centered on changing the archaic and sometimes contradicting immigration laws embodied in the Immigration and Nationality Act passed by Congress in the late 1990s. The new administration, along with members of Congress make promises to the immigrant communities about reform and a pathway to legalization for the millions of undocumented immigrants in this country. Unfortunately, nothing is said about the system itself, until about two days ago.

The Immigration Commission established by the American Bar Association published a report calling on Congress to overhaul the current court system and create a new, independent immigration court system, similar to tax court in the United States. The American Bar Association is a voluntary, national membership organization for the legal organization. The ABA’s Commission on Immigration focuses on the Association’s efforts to ensure due process and fair treatment to all immigrants and refugees in the United States. The published report describes the current court system and lays out its rationale for a brand new system.

The current immigration court system is not a part of the judiciary; instead it is an administrative style proceeding controlled by the Department of Homeland Security. The immigration judges, sitting on the bench, are essentially employees of the Attorney General. Immigration judges are constantly inundated by a caseload they can barely handle. The American Bar Association proposes that the immigration courts should be independent from the Department of Homeland Security and established under the terms of Article I of the U.S. Constitution. The report also states that the highest judges should be appointed by the President and approved by the Senate. The American Immigration Lawyer’s Association has promised to review the report and the proposed system and provide its feedback.

For more read: http://www.abanet.org/media/nosearch/immigration_reform_executive_summar...

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