In June, U.S. Attorney General (AG) Merrick Garland vacated two prior decisions issued by Trump AGs that had made it harder for migrants fleeing violence to qualify for asylum. Thus, in one fell swoop, gender-based asylum claims that were viable under settled case law dating back to 2014, but were gutted by AG Jeff Sessions in 2018, were resuscitated by the new AG. Asylum advocates applauded this reversal of the reversals.

But this latest political flip-flop should reignite concerns about the lack of independence infecting our nation’s immigration courts, which has undermined the integrity of the system and eroded the public’s confidence in its processes. Experts are once again calling on Congress to ensure the courts’ independence by moving them out of the U.S. Department of Justice and into an independent agency; as members of the Bar, we should support these calls.

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