The Structure, History, and Contested Role of U.S. Immigration Courts
U.S. immigration courts occupy a distinctive and often controversial place within the American legal landscape. Unlike Article III courts, which derive their authority from the Constitution and enjoy structural independence, immigration courts are administrative tribunals housed within the Department of Justice (DOJ). Their evolution reflects shifting national priorities, changing conceptions of sovereignty, and enduring tensions between executive power and procedural fairness. Understanding their history, jurisdiction, and governance reveals both the strengths and the vulnerabilities of a system tasked with adjudicating life‑altering decisions for millions of non‑citizens. The origins of immigration adjudication lie not in the judiciary but in the executive branch. Beginning with the Immigration Act of 1891, deportation decisions were made by administrative officers rather than judges, reflecting a belief that immigration was an extension of foreign affairs and national security. Th...