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The Accidental History of the U.S. Immigration Courts - War, Fear, and the Roots of Dysfunction (Paperback)
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The Accidental History of the U.S. Immigration Courts - War, Fear, and the Roots of Dysfunction (Paperback)
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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.
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