West Virginia University College of Law professor Alison Peck recently published new scholarship in Immigration Briefings. The article is titled "Re-Envisioning the Immigration Courts" (Westlaw log in required) and appears in the October 2021 issue of the journal.
From the abstract:
The actions of the Trump Administration to upend immigration adjudication have led to renewed and alarmed calls to move the immigration courts out of the DOJ. While observers in previous eras had sometimes recommended the creation of an independent executive agency, the current calls for action universally urge the creation of an Article I court for immigration similar to the U.S. Tax Court, the U.S. Court of Federal Claims, and other tribunals created under the Article I powers of Congress. As creations of statute, each Article I court has a distinct structure and organization, often arising out of the unique history of the adjudication of claims under its jurisdiction. Creation of an Article I immigration court, then, raises many questions as to its structure, functions, and status. This article surveys some key questions that any new legislation would have to consider and, drawing from other Article I courts and from the history of the immigration courts themselves, highlights potential pitfalls and possible solutions.
Find more of Professor Peck's scholarship, including her newly published book, "The Accidental History of the U.S. Immigration Courts: War, Fear, and the Roots of Dysfunction", on her SelectedWorks scholarship profile and on SSRN.