Immigration Litigation Reform (CRS Report for Congress)
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| Release Date |
May 8, 2006 |
| Report Number |
RL33410 |
| Report Type |
Report |
| Authors |
Margaret Mikyung Lee, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Beginning with the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the
Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), legislation and
administrative actions have focused on reducing immigration litigation by limiting and streamlining
both administrative appeal and judicial review procedures and by rendering aliens in certain
categories ineligible for certain types of relief from removal.
Despite these efforts, other changes made by the 1996 Acts increased litigation by expanding
the scope of the grounds for inadmissibility and deportation and the definition of aggravated felony,
which effectively further expanded the grounds for deportation. Increased enforcement efforts
coupled with the increasing numbers of illegal aliens present in the country have also increased
litigation as more aliens are placed in removal proceedings.
In 2002, then-Attorney General Ashcroft implemented procedural reforms in the Board of
Immigration Appeals [BIA] intended to eliminate the existing BIA backlog of cases and to provide
for current efficient disposition of cases. These changes have resulted in a shift of the backlog and
the number of appeals to the federal appellate courts.
Changes proposed by H.R. 4437 , S. 2454 , S.Amdt. 3192 ,
and S. 2611 / S. 2612 , among other bills, would continue the trend of
streamlining procedures and limiting immigration litigation, appeals to the Board of Immigration
Appeals and judicial review.
