A Proposal To Create A New Article III Court of Immigration Review
I pass along this proposal from an attorney who recently clerked on the Ninth Circuit. I think this proposal has some merit, and could potentially garner sixty votes in the Senate:
The American people have spoken clearly: immigration must be controlled. President Trump won not only the electoral and popular vote, but also Congressional majorities in Congress. Surveys show that most Americans approve of “mass deportations.” Concern about the border is also bipartisan, with the Biden Administration moving to restrict asylum claims over the last year.
But while President Trump’s executive appointees may try crack down on immigration, he likely will not be able to achieve the goals of the American people unless Congress is also willing to change how the federal judiciary reviews deportation orders and immigration policy. To solve this problem, Congress should create a new Article III court with exclusive jurisdiction over all immigration cases—call it the Court of Immigration Review (COIR).
The basic contours of America’s mass-migration problem are well understood. Economic migrants travel from distant places—sometimes flying from Asia and Africa—to South America, walk or ride to the U.S. border, and claim asylum. The overwhelming majority of these asylum claims are meritless. But simply by claiming a fear of persecution, most migrants will be issued a notice to appear and released into the interior to await a hearing before an immigration judge (IJ) who will rule on their asylum claim. This process is so backlogged that even scheduling a hearing before an IJ can take years, leading to what DHS agents call “catch and release.”
But even after an IJ rules, the process does not end: roughly 1.4 million migrants are subject to a deportation order but remain in the country. When the an IJ rejects an asylum claim and orders a
Article from Reason.com
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