The Immigration Judiciary’s Need for Independence: Breaking Free from the Shackles of the Attorney General and the Powers of the Executive Branch

Daniel Buteyn is an online editor for Volume 47 of the Mitchell Hamline Law Review and a student at Mitchell Hamline. Daniel’s article is a portion of his full-length paper available in Issue 4 of Volume 46.


Introduction

President Donald Trump’s strict immigration policies beg the need to evaluate the country’s immigration judiciary proceedings. How exactly do immigration courts function compared to civil or criminal court procedures? In short, the immigration courts are controlled by the Executive Branch of the United States government.

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