The authors offers another critique of Mr. Roberts' proposed creation of an independent article I immigration court. The author's agree that Mr. Roberts' proposal for an independent immigration court achieves the important goal of elevating the status of immigration judges and separating them from the enforcement policies of the INS. However, the authors argue that this proposal is inherently problematic because of the potential restriction of the roles of federal district courts and courts of appeals. The authors also suggest that Mr. Roberts' proposal does little to enhance the procedural rights of aliens, and argue that truly meaningful change can only come as a result of major revisions to the immigration laws and new commitments of resources to a restructuring of the INS.
Robert E. Juceam & Stephen Jacobs,
Constitutional and Policy Considerations of an Article I Immigration Court,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss1/4