Reforming the Immigration Courts of the United States: Why is There No Will to Make It an Article I Court?

This article strongly reaffirms the author's support for the use of asylum as a way of providing justice for those fleeing persecution from other countries. Additionally, this article was written to help educate those interested in asylum law by providing some history and background on asylum. Part II of the article briefly discusses the history of asylum; enumerates the eligibility requirements for asylum; describes court proceedings in asylum cases; recounts recent statistics on grants of asylum; and also includes a brief history of our immigration courts. Part III examines the six significant problem areas our immigration courts have wrestled with during the last decade with respect to asylum caseloads.

Finally, Part IV examines a few of the proposals put forth over the last thirty years to transform the immigration court system into an Article I Legislative Court.