Hidden Justice: An Ethnographic Examination of U.S. Immigration Courts - Incite at Columbia University
Hidden Justice: An Ethnographic Examination of U.S. Immigration Courts
- Funding Program Hard Questions Grant
- Team Lead Nara Milanich
Immigration courts are some of the least understood institutions in the American justice system, even though they decide life-altering matters like deportation and asylum. With limited transparency, few due process protections, and vast disparities in case outcomes, they are often compared to “deciding death penalty cases in traffic court.”
This project uses ethnographic methods to open the black box of immigration courts, examining how justice is interpreted, negotiated, and enacted in everyday proceedings.
Through the Immigration Research Hub, undergraduate students at Columbia, Princeton, and California State University–Long Beach are trained to observe courtroom dynamics firsthand. Their work captures subtle but critical features like tone, interpretation, body language, and judicial discretion that rarely appear in official records. In its pilot phase, over 100 students will log thousands of hours of observation in New York City, Newark, Philadelphia, and Santa Ana, producing a uniquely comparative dataset.
By documenting how systemic pressures and courtroom practices shape outcomes, this research provides rare empirical insight into immigration adjudication while also training students in engaged, public-facing scholarship. In a moment of heated national debate about immigration enforcement and fairness, the project sheds light on fundamental questions of justice in American society.
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