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NY Rep Goldman introduces bill for independent immigration courts

Measure targets Trump administration influence, seeks to shift immigration courts outside Justice Department.

Daniel Sachs Goldman / Wikipedia

Daniel Sachs Goldman, the U.S. representative for New York’s 10th congressional district since 2023, introduced legislation to create an independent immigration court system, citing concerns about political pressure from the Trump administration.

“The Trump Administration has weaponized our immigration system for its own political ends and taken a sledgehammer to the concept of judicial independence and due process — a hallmark of our democracy,” Goldman said.

The proposed 'Real Courts, Rule of Law Act' would transition the immigration court system into an independent judiciary. Immigration judges are currently appointed by the Attorney General and work within the Justice Department.

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Goldman said the system’s structure allows administrations to influence how immigration cases are handled.

“This legislation will protect both immigration judges who rule on matters of life or death and immigrants pursuing lawful pathways,” he said. Goldman added the bill would ensure decisions are made “fairly and impartially.”

Rep. Zoe Lofgren, Judiciary Committee Ranking Member Jamie Raskin and Courts Subcommittee Ranking Member Hank Johnson are co-leading the measure.

“Our immigration court system simply cannot be effective or impartial as long as it remains under the Department of Justice and the executive branch,” Lofgren said. She added that immigration cases carry “life-altering consequences” and require a system independent of whichever administration is in power.

Raskin pointed to a growing backlog of immigration cases.

“Today, the system is drowning in millions of backlogged cases awaiting adjudication,” he said, adding that pressure to accelerate immigration enforcement could worsen delays.

Johnson said the courts face “an overwhelming backlog that’s approaching four million cases and overt politicization.”

Under the proposal, the United States Immigration Court would be created as an Article I court with trial, appellate and administrative divisions. The legislation would allow the court to set its own budget, appoint temporary judges and improve transparency by publishing court rules and precedent decisions.

The bill is supported by several legal organizations, including the American Bar Association, Federal Bar Association, National Association of Immigration Judges and the American Immigration Lawyers Association.

American Bar Association President Michelle A. Behnke said the creation of an independent court system would help ensure judges decide cases “on the facts and the law” without influence from other branches of government.

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