In their recent article, “The Roller Coaster Ride of Immigration Law: Stare Decisis,” published in the Daily Journal, attorneys Delia L. Franco and Sergio A. Perez of The Franco Law Group, APLC, delve into the complexities and inconsistencies inherent in the current U.S. immigration system. ​

The Labyrinthine Nature of Immigration Law

The authors highlight that the U.S. immigration system is often described as “broken,” with Supreme Court Justice Sonia Sotomayor and other jurists referring to it as “labyrinthine.” This complexity is exacerbated by frequent and fundamental changes in immigration law, leading to a disparate and unfair application of the nation’s immigration laws.​

The Role of Stare Decisis in Immigration

Stare decisis, the legal principle of determining points in litigation according to precedent, is particularly susceptible to fluctuations in immigration law. These shifts often result from political changes, creating inconsistent outcomes for individuals navigating the immigration process. For instance, two non-citizens with identical cases may receive completely opposite results depending on where their cases arise, due to varying interpretations and applications of the law across different jurisdictions.​

The Need for an Independent Immigration Judiciary

Franco and Perez argue that these frequent shifts underscore the need for an independent immigration judiciary. Such a body would aim to provide consistent and fair adjudication, reducing the influence of political changes on legal interpretations and ensuring a more equitable application of immigration laws.​

For a comprehensive understanding of these issues and to explore the authors’ perspectives in detail, you can read the full article here: ​

​Delia L. Franco and Sergio A. Perez are attorneys at The Franco Law Group, APLC, specializing in immigration law.​

​This article was published in the Daily Journal on February 24, 2025.

Article Link: https://www.dailyjournal.com/article/383674-the-roller-coaster-ride-of-immigration-law-stare-decisis