Immigration Adjudication Bankruptcy

Abstract

The Trump Administration is pushing an adjudicatory system on the brink over the edge. The system designed to decide whether to remove (deport) individuals from the United States has longstanding problems that predate the Trump Administration. Those problems are being exacerbated rather than improved. It is time to consider the notion of immigration adjudication bankruptcy. Immigration adjudication bankruptcy involves a declaration that the removal adjudication system is not satisfying the basic principles of administrative process: accuracy, acceptability, and efficiency. This Article, a part of a symposium on executive power and immigration law, raises questions about when bankruptcy should be declared and examines issues surrounding the restructuring of immigration removal adjudication.

Keywords: immigration, bankruptcy, immigration adjudication, due process clause, Trump administration

JEL Classification: K00, K19, K37