Immigration Courts Need an Upgrade

"In considerable measure because immigration judges are not independent, and there are inherent conflicts of interest, federal circuit courts of appeal are flooded with requests for review of immigration cases.  Despite legislation passed more than 15 years ago granting it, immigration judges have no contempt authority because the Justice Department has refused to allow them to use it.  This appears to come from an aversion to allowing immigration judges, who are Justice Department attorneys, to discipline Department of Homeland Security attorneys, who prosecute immigration cases.  Subpoenas issued by immigration judges go unenforced when directed at Homeland Security attorneys because U.S. attorneys won’t pick sides between the two sibling agencies.  It is not unusual for immigration judges to face personal discipline when making good-faith legal decisions because the Justice Department responds to complaints from disgruntled parties. The appropriate recourse would be an appeal.  The basis of most complaints against immigration judges relate to their decisions, not to allegations of conflict of interest or personal gain by the judge.  These judges can also be subjected to personal discipline for not meeting the administrative priorities of their supervisors in the Justice Department and may be placed in the position of having to choose between risking their jobs and exercising “independent” decision-making authority.  The only effective way to address these problems is to reorganize immigration courts under Article I of the Constitution to give them independence from Justice or any other agency." - Bill McCollum, June 17, 2013.