Amid a growing frustration with the federal immigration court backlog, some states have proposed creating state-led immigration courts to preside over select cases, residency appeals, and minor violations. Supporters say the decentralization of parts of immigration adjudication would reduce delays and enable states to deal with regional issues more adequately.
Proponents say federal immigration courts are overwhelmed and cases can take several years to conclude. If states set up their own courts, they believe cases would be handled much faster, which would lighten the load on federal courts. Such courts also would address state-oriented issues, such as labor shortages or the economic effects of immigration policy at the state level.
Critics say state-run courts will breed inconsistency in judgments and perhaps even conflict with federal laws. Immigration advocacy groups fear certain states might use such courts to push for more stringent policies, meaning immigrants could be treated differently depending on their location. Some scholars argue over the constitutionality of states holding judiciary powers on immigration matters.
The proposal underlines the continued tussles in managing immigration in the U.S. and the division of responsibilities between the federal and state governments. Whether state-led courts can provide a viable solution is still uncertain, but the idea has created debate on innovative ways to address inefficiencies in immigration adjudication that have existed for long.
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