The National Association of Immigration Judges has issued an unprecedented public call for fundamental structural reform, arguing that the current system — housed within the Department of Justice under the Attorney General — compromises judicial independence and efficiency.
The union proposes creating an independent immigration court system similar to the Tax Court or Bankruptcy Court, with judges appointed for fixed terms and insulated from political pressure. Currently, the Attorney General can overturn immigration judge decisions and impose case processing quotas.
The structural concerns are compounded by the 3.5 million case backlog, which has created a system where justice is effectively denied through delay. Average wait times exceed 5 years, during which time applicants' circumstances, country conditions, and evidence can change dramatically.
The proposal has bipartisan appeal. Conservative legal scholars support judicial independence as a constitutional principle, while progressive groups argue that the current structure enables politically motivated interference in individual cases.
Congressional action would be required to restructure the courts. While comprehensive immigration reform remains elusive, a standalone bill addressing court structure has attracted co-sponsors from both parties and could advance independently of broader immigration debates.
