A New York Times article from February 8, 2010 reported that the American Bar Association has adopted a proposal in which it argued that immigration courts should be removed from the Department of Justice and set up as independent courts, still within the executive branch, under terms in Article I of the Constitution. The highest judges would be appointed by the president and approved by the Senate. The courts’ decisions would still be appealed to the federal appeals courts.
This move comes as a result of complaints from immigration judges and lawyers nationwide, who point to the crushing caseloads in immigration courts.
Immigration courts need more resources immediately, so creating such a new system could be far away.
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