Immigration Article of the Day: Decisional Bias in Immigration Courts: Attributes, Results, and Solutions by Emily Duck

Abstract

There is seeming decisional bias plaguing the United States immigration courts and the country as a whole. Decision rates, particularly denial rates of asylum claims, within immigration courts vary between three percent and one-hundred percent, an extreme disparity not seen in other areas of law today. As a recent Fifth Circuit Court opinion made clear, the judicial system is grappling with the issue of bias among immigration judges, thus creating an urgent need to address this problem. This article examines the history of immigration and asylum seekers, details different types of biases, and correlates the two in order to better understand the extreme discrepancies seen in immigration law. Secondly, the concept of decisional bias is introduced, including factors that contribute and make up decisional bias, and a presentation of possible solutions for combatting decisional bias within immigration courts. In essence, the factors contributing to decisional bias include the polarizing nature of immigration in America, aliens representing themselves pro se, judges’ work experience prior to appointment, and general biases among immigration judges.

KJ