MORGANTOWN, W.Va. — The fundamental flaw of the U.S. immigration courts is that they are part of the nation’s top law enforcement department.
In The Accidental History of the U.S. Immigration Courts: War, Fear, and the Roots of Dysfunction (University of California Press, 2021), Peck discusses how immigration courts became part of the U.S. Department of Justice, which is in the executive branch of government.
To create a more impartial system, Peck proposes that immigration courts become independent. She uses unstudied legal decisions from the Franklin Roosevelt and George W. Bush administrations to outline humanitarian crises that led to the modern immigration court system. She also offers a perspective on how to evaluate reform efforts.