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A recent editorial in the Washington Post claims that America’s immigration courts are a “diorama of dysfunction.”
The 300 judges have a backlog that totals more than 500,000 cases. The judges are scheduling hearings two and three years in the future. And the courts are places of “Dickensian impenetrability, operating under comically antiquated conditions.”
Perhaps immigration adjudications should be moved from the Executive Branch to the Judicial.

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Published initially in the Hill.

About the Author
Nolan Rappaport was detailed to the House Judiciary Committee as an Executive Branch Immigration Law Expert for three years; he subsequently served as the immigration counsel for the Subcommittee on Immigration, Border Security, and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for twenty years. He also has been a policy advisor for the DHS Office of Information Sharing and Collaboration under a contract with TKC Communications, and he has been in private practice as an immigration lawyer at Steptoe & Johnson.