SUMMER 2021
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An idea that is Growing roposals for an Article I Immigration Court were first advanced over 40 years ago. An Article I Court would be an independent tribunal created by Congress, under Article I of the Constitution. Its decision making would be free from political influence by policy makers.
By Hon. Joan Churchill Immigration Judge retired, is a past President of NAWJ She served on the Washington DC/ Arlington VA Immigration Court 1980-2005, during which she served 5 terms as a Temporary Member of the Board of Immigration Appeals.
I recall seeing a draft bill to create an Article I Immigration Court prepared by the National Association of Immigration Judges [NAIJ] when I first became an Immigration Judge [IJ] in 1980. It was during the NAIJ Presidency of Judge Joseph Monsanto. I don’t know when the draft bill was prepared. Judge Monsanto served as NAIJ President from 1975 – 1981. When I became an Immigration Judge I recall my new colleagues emphasizing the importance of observing independence in our decision making, notwithstanding we were housed in the Immigration & Naturalization Service [INS], which was then a component of the United States Department of Justice. NAIJ had recently, in 1979,
been certified as a collective bargaining unit, based on a unanimous petition by the entire 30 person corps of judges. As such, it was recognized as a Federal union. Given the unanimity of the corps, and its strong focus on judicial independence, I suspect that the move for a new structure grew out of its recognition that the immigration adjudicative function needed to be restructured to assure the reality of independence. The structural conflict was probably best exemplified by the fact that when I became an Immigration Judge [IJ], I shared my secretary with the INS trial attorney who prosecuted the cases before me.
Early History In 1978, President Carter established an InterAgency Task Force on Immigration Reform.1 The Agencies involved were State, Labor & Justice. The work of the Task Force was soon superseded by a Congressionally created Select Commission on Immigration & Refugee Policy [hereinafter referred to as Select Commission].2 Select Commission staff
