The author agrees with Mr. Roberts' premise that change is needed in the adjudicatory process of immigration cases, but argues that less radical changes would better serve to overcome the present inadequacies of the system, while limiting the creation of new problems. The author argues that a better solution would be to transfer the adjudicatory role to a separate administrative court, under the Administrative Procedures Act. The author further argues that the adoption of the Federal Rules of Criminal Procedures or the Federal Rules of Civil Procedure to provide for a fair hearing, as well as securing adequate funding for such an administrative body, would better address the problems raised by Mr. Roberts' proposal.
The Need for a Specialized Immigration Court: A Practical Response,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss1/6