The American Immigration Lawyers Association (AILA) has released a policy brief calling on Congress to pass legislation establishing an independent immigration court system insulated from improper political interference. The brief argues that the current structural dependence of immigration judges on the Department of Justice creates systemic barriers to fair adjudication and urges reform through the Real Courts, Rule of Law Act of 2026 (H.R. 7836).
What changed
AILA emphasizes that no other American court is controlled so completely by the executive branch as the immigration courts. Unlike federal judges appointed under Article III of the Constitution, immigration judges do not have life tenure but serve as employees of the U.S. Department of Justice (DOJ).
The brief identifies three core reforms Congress should adopt:
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Establish judicial independence — Pass legislation restoring authority stripped of judges and insulating courts from improper, top-down interference by the executive branch.
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Ban courthouse enforcement — Prohibit enforcement actions at courthouses.
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Fund adequately — Fully fund the courts, their staff, and legal representation for people who are indigent.
The brief also highlights a procedural inefficiency: In more than 4,400 cases from October 2025 to February 2026, federal courts held that ICE was holding people illegally, and in the vast majority of cases where people win before federal court, the case goes back to immigration court to decide whether detention is necessary—a duplicative process that unnecessarily occupies both court systems.
Why it matters
Practitioners know that immigration court proceedings are supposed to be adversarial fact-finding under law. AILA attorneys representing clients before immigration courts across the country report that courts are being pushed away from what Americans expect from a court of law—a balanced institution that applies the law consistently and fairly.
This directly affects case strategy. If judges face retaliation, reassignment, or termination based on outcomes rather than legal reasoning, their ability to grant relief even in legally meritorious cases may be compromised. The brief argues that judicial independence is foundational to due process.
From 2003 to 2024, the court’s budget failed to keep pace with enforcement funding; ICE and Border Patrol received 24 times the total funding compared to the courts. Chronic underfunding directly impacts case backlogs and your clients’ wait times.
The brief also flags a tactical hazard: courthouse enforcement operations chill respondents’ willingness to appear in person, undermining the integrity of the hearing process itself.
Way forward
For practitioners and advocates:
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Track H.R. 7836. Monitor the Real Courts, Rule of Law Act of 2026 through Congress. The bill text and co-sponsorship status are available on Congress.gov. Support for this bill among practitioners strengthens the legislative case.
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Document structural bias in your cases. If you notice patterns of reversed or vacated decisions, inconsistent application of law, or judge removals tied to particular outcomes, flag these for your bar association and AILA’s advocacy team.
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Educate clients on the risks. Explain to clients that appearing in person at a hearing, while required, now carries enforcement risk that was not traditionally present. Advise accordingly.
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Engage Congress. AILA’s Action Center allows you to contact your representatives and co-sponsors of H.R. 7836. Practitioner testimony on courtroom reality is powerful legislative testimony.
Disclaimer
This article summarizes an advocacy organization’s policy brief and does not constitute legal advice. Fola Form is a software platform for immigration practitioners, not a law firm. Immigration law and policy change frequently and without notice. You should verify all claims against the primary source document linked above and consult a licensed immigration attorney for case-specific guidance. The views expressed in the AILA brief are those of AILA and do not necessarily reflect official government policy.