Immigration Article of the Day: Incapacitating the Immigration Courts by Jennifer Lee Koh
Incapacitating the Immigration Courts by Jennifer Lee Koh, S.M.U. Law Review
Abstract
Amidst the dizzying array of developments taking place under the banner of mass deportation, the second Trump Administration is engaged in a sustained effort to fundamentally transform the country’s immigration courts by incapacitating them. Although the immigration courts have long been the subject of extensive criticism, they also seek to function as neutral forums in which the Department of Justice adjudicates the removability of noncitizens and certain types of immigration relief, governed by due process principles. Rendering those courts unable to perform their functions could potentially give rise to a more fundamental deterioration of even the semblance of due process in immigration adjudication.
