immigration courts
Last updatedDefinition
“Immigration courts” are a network of civil courts overseen by the Justice Department, where immigration-related proceedings, such as asylum claims and deportation hearings, are decided.
The system stems from a 1940 transferral of immigration services from the Labor Department to the Justice Department, and there are many ways in which immigration courts do not function as a standard court of law—they are part of the executive branch, not the federal judiciary, and the US attorney general directs the courts and also appoints their judges.
The 14th Amendment guarantees some rights to all people in the US, and in immigration courts, undocumented immigrants are allowed to retain counsel, but unlike in the criminal court system, they are not guaranteed representation and counsel will not be appointed for free. The immigration court system has been criticized by academics and activists for its huge backlog and the influence that politics may have in its decisions.
Additional resources
- The Original Sin of America’s Broken Immigration Courts (Mother Jones)
Summary
Immigration courts are a network of civil courts overseen by the Justice Department, where immigration-related proceedings, such as asylum claims and deportation hearings, are decided. The court system has been criticized by academics and activists for its huge backlog and the influence that politics may have in its decisions.