Proposed: A Specialized Statutory Immigration Court

This Article, written by the retired Chairman of the Board of Immigration Appeals, examines the existing mechanisms for formal adjudication of excludability and deportability under immigration and nationality laws. The author analyzes the shortcomings which have contributed to the system's malfunctioning, and concludes that a major factor is the conflicting roles played by the Immigration and Naturalization Service. The author reviews various alternatives which would remove such determinations from INS' control, and proposes a special article I immigration tribunal, completely outside the Department of Justice, and presents a draft statute to create it.