The Accidental History of the U.S. Immigration Courts - by Alison Peck (Paperback)

Book Synopsis

How the immigration courts became part of the nation's law enforcement agency--and how to reshape them.

During the Trump administration, the immigration courts were decried as more politicized enforcement weapon than impartial tribunal. Yet few people are aware of a fundamental flaw in the system that has long pre-dated that administration: The immigration courts are not really "courts" but an office of the Department of Justice--the nation's law enforcement agency.

Alison Peck's original and surprising account shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, the narrative laid out in this book divulges both the human tragedy of our current immigration court system and the human crises that led to its creation. Moving the reader from understanding to action, Alison Peck offers a lens through which to evaluate contemporary bills and proposals to reform our immigration court system. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football--with people's very lives on the line.

From the Back Cover

"Americans take pride in their courts and the rule of law. Unfortunately, the U.S. immigration courts, with the awesome power to remove immigrants from this country, are in crisis, with endless backlogs, little judicial independence, and a lack of legitimacy among immigrants and the general public. The Accidental History of the U.S. Immigration Courts tells the surprising story of the evolution of the immigration courts and what we need to do to make the immigration courts independent and deserving of the respect befitting legal institutions"--Kevin R. Johnson, Dean, University of California, Davis School of Law

"How did our immigration courts become part of our law enforcement apparatus--and what can we do about it? This pathbreaking book shows us both what is wrong with our current system of deciding immigration cases and how we can fix it. Important and eye-opening."--Kermit Roosevelt, Professor of Law, University of Pennsylvania Law School

"Alison Peck's innovative history of the immigration courts teaches us that they were not designed to be neutral decision-makers. Political machinations led to their placement inside the Justice Department, so political outcomes are what we get. To free the immigration courts from political pressures, Peck argues, Congress must give them the independence they deserve."--César Cuauhtémoc García Hernández, author of Migrating to Prison: America's Obsession with Locking Up Immigrants

Review Quotes

"Peck shows an excellent command of the sources and presents a solid argument. . . . academics will find the monograph valuable for its concise history, and it would be especially appropriate to assign in an upper division or graduate university course on the history of U.S. immigration policy."-- "Journal of Arizona History"

"Highly readable and informative. . . . A valuable lens through which to see the problems and politics of the US immigration system."-- "CHOICE"

"Sometimes there are books that leave you much better for the experience. This is one of them. . . . Alison Peck has filled a major gap, setting out a roadmap toward possible legislative alternatives to this unsatisfactory arrangement by offering the Title I Tax Court as a better option. If this is to happen, it will almost certainly have to be as a function of comprehensive immigration reform, a tantalizing oasis in the current political desert. If that happens, I will listen to her very carefully, as I did here."-- "Southwestern Historical Quarterly"

"An eye-opening look at how the history and structure of U.S. immigration courts contribute to present-day problems. . . . Supported with lucid legal analysis and incisive historical details, this is a persuasive call for change."-- "Publishers Weekly"

About the Author

Alison Peck is Professor of Law and Codirector of the Immigration Law Clinic at West Virginia University College of Law.