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Alison Peck - The Accidental History of the U.S. Immigration Courts: War, Fear, and the Roots of Dysfunction

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Alison Peck The Accidental History of the U.S. Immigration Courts: War, Fear, and the Roots of Dysfunction
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How the immigration courts became part of the nations law enforcement agencyand 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 at all but an office of the Department of Justicethe nations law enforcement agency. This original and surprising diagnosis 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 footballwith peoples very lives on the line.

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The Accidental History of the US Immigration Courts The publisher and the - photo 1
The Accidental History of the U.S. Immigration Courts

The publisher and the University of California Press Foundation gratefully acknowledge the generous support of the Peter Booth Wiley Endowment Fund in History.

The Accidental History of the U.S. Immigration Courts
WAR, FEAR, AND THE ROOTS OF DYSFUNCTION

Alison Peck

Picture 2

UNIVERSITY OF CALIFORNIA PRESS

University of California Press

Oakland, California

2021 by Alison Peck

Library of Congress Cataloging-in-Publication Data

Names: Peck, Alison Elizabeth, author.

Title: The accidental history of the U.S. immigration courts : war, fear, and the roots of dysfunction / Alison Peck.

Other titles: Accidental history of the US immigration courts

Description: Oakland, California : University of California Press, [2021] | Includes bibliographical references and index.

Identifiers: LCCN 2020043064 (print) | LCCN 2020043065 (ebook) | ISBN 9780520381179 (cloth) | ISBN 9780520381186 (ebook)

Subjects: LCSH : Immigration courtsUnited StatesHistory. | Emigration and immigration lawUnited StatesHistory. | Emigration and immigrationPolitical aspectsUnited States.

Classification: LCC KF 4821 . P 43 2021 (print) | LCC KF 4821 (ebook) | DDC 342.7308/20269dc23

LC record available at https://lccn.loc.gov/2020043064

LC ebook record available at https://lccn.loc.gov/2020043065

Manufactured in the United States of America

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For Dad

Contents

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Acknowledgments

This book began with a question: After years of teaching courses in immigration law and administrative law and thinking out loud with my students about the structure and functions of the executive branch, I could not explain why the immigration courts would be located in the Department of Justice, a law enforcement agency. What began as a casual search for a satisfactory answer became a journey I had never anticipated taking. That journey took me not only to Hyde Park, Washington, Dallas, Amherst, and elsewhere, but also to another dimension, a place where past and present are contiguous, communicating, and fluid. It is a journey I hope never to complete.

Along the way, I have been assisted by many outstanding professionals, without whose work this book would not have happened. After a casual conversation about presidential history after class one morning, Jess Reed, WVU Law Class of 2021, jumped into the project mid-stream with only a year of legal training and proved to be one of the quickest, most thorough, and most astute research assistants I have ever had the pleasure of working with. Jeremy Cook, WVU Law Class of 2020, provided research support in the early stages, gamely joining me in combing through mountains of material at the National Archives. Mark Podvia, WVU Laws talented faculty services librarian, once again demonstrated his seemingly magic powers at locating every obscure source I asked for and pointing to others I had not considered. Nick Stump not only read and gave feedback on the manuscript but also ably spearheaded library acquisitions for a final proof in the middle of the extraordinarily destabilizing COVID-19 crisis.

Archivists and other staff at numerous presidential libraries and rare books collections guided my search and carefully policed my books, pencils, hands, and jackets in the diligent protection of our shared national treasures.

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