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May 12, 2022

Article I Immigration Courts Resources Page

The Real Courts, Rule of Law Act

On May 11, the House Judiciary Committee marked up and approved HR 6577 - the Real Courts, Rule of Law Act.  The committee approved a slightly revised version as a substitute amendment.

HR 6577 – text of the revised bill

House Judiciary Chairman Jerry Nadler’s statement.

House Judiciary Immigration and Citizenship Subcommittee Chair Zoe Lofgren’s press release.

Take Action

Tell Congress to support the establishment of an independent Article I immigration court.

 

ABA on the Hill

ABA expresses support for establishment of an independent Article I immigration court system
On April 5, 2022, ABA President Reginald M. Turner sent a letter to the Chair and Ranking Members of the House Judiciary Committee and House Subcommittee on Immigration and Citizenship expressing support for H.R. 6577 – the Real Courts, Rule of Law Act.

ABA supports Lofgren bill to create independent immigration court system 
WASHINGTON, Feb. 3, 2022 – The American Bar Association today endorsed legislation introduced by U.S. Rep. Zoe Lofgren (D-Calif.) to create an independent Article I immigration court system. Read more…

For the Rule of Law, An Independent Immigration Court – House Judiciary Subcommittee on Immigration and Citizenship Hearing, January 20, 2022.  Karen Grisez, former chair of the Commission on Immigration, testified on behalf of the ABA in support of the creation of an Article I immigration court.

Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts –House Judiciary Committee Subcommittee on Immigration and Citizenship Hearing, January 29, 2020.  Then-ABA President Judy Perry Martinez testified before the subcommittee in support an independent immigration court.

ABA Letter Urging the Establishment of an Independent Immigration Court
On July 11, 2019, ABA President Robert Carlson joined with leaders of the American Immigration Lawyers Association, Federal Bar Association, and National Association of Immigration Judges in sending a letter to Congress urging the establishment of an independent immigration court. 

Strengthening and Reforming America’s Immigration Court System –Senate Judiciary Subcommittee on Border Security and Immigration Hearing, April 18, 2018. Then-ABA President Hilarie Bass testified before the committee on a range of issues related to needed improvements in the immigration courts, including the need to establish an independent Article I court.

ABA Resources

February 2010 ABA Resolution supporting establishment of an independent Article I Immigration court.

February 2006 ABA Resolution supporting the neutrality and independence of immigration judges, so that such judges are not subject to the control of any executive branch cabinet officer.

2019 Update Report: Reforming the Immigration System, ABA Commission on Immigration, March 2019 (Part 6 – System Restructuring).

Reforming the Immigration System: Proposals to Promote Independence, Fairness, Efficiency, and Professionalism in the Adjudication of Immigration Removal Cases, Report of the ABA Commission on Immigration, February 2010 (Part 6 – System Restructuring).

Prepared by:

Kristi Gaines, Senior Legislative Counsel
Governmental Affairs Office
American Bar Association
[email protected]

Last Updated:  March 15, 2022