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The Executive Office for Immigration Review (EOIR) is a sub-agency of the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
whose chief function is to conduct removal proceedings in immigration courts and adjudicate appeals arising from the proceedings. These
administrative proceeding Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regulations"), adjudica ...
s determine the removability and admissibility of individuals in the United States. , there were sixty-eight immigration courts and three adjudication centers throughout the United States.


History and jurisdiction

EOIR was created in 1983 by the Department of Justice (DOJ) as part of an internal reorganization. Prior to 1983, the functions performed by EOIR were divided among different agencies. The earliest version of a specialized immigration service was the
Immigration and Naturalization Service The United States Immigration and Naturalization Service (INS) was a United States federal government agency under the United States Department of Labor from 1933 to 1940 and under the United States Department of Justice from 1940 to 2003. Refe ...
(INS), created in 1933, in the
Department of Labor A ministry of labour (''British English, UK''), or labor (''American English, US''), also known as a department of labour, or labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workfor ...
. Seven years later, in 1940, the INS moved from Labor to its present location in the Department of Justice. Twelve years after moving to DOJ, in 1952, the
Immigration and Nationality Act The U.S. Immigration and Nationality Act may refer to one of several acts including: * Immigration and Nationality Act of 1952 * Immigration and Nationality Act of 1965 * Immigration Act of 1990 The Immigration Act of 1990 () was signed into la ...
organized all U.S. immigration laws into one statute, and designated "special inquiry officers," the predecessors of immigration judges, to decide questions of deportation. EOIR adjudicates cases under a patchwork of immigration laws and regulations, including: *
Immigration and Nationality Act of 1952 The Immigration and Nationality Act of 1952 (), also known as the McCarran–Walter Act, codified under Title 8 of the United States Code (), governs immigration to and citizenship in the United States. It came into effect on June 27, 1952. The l ...
*
Immigration and Nationality Act of 1965 The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act and more recently as the 1965 Immigration Act, was a federal law passed by the 89th United States Congress and signed into law by President Lyndon B. Johnson. The ...
*
Immigration Reform and Control Act of 1986 The Immigration Reform and Control Act (IRCA or the Simpson–Mazzoli Act) was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986. The Immigration Reform and Control Act legalized ...
* United States Refugee Act of 1980 *
Immigration Act of 1990 The Immigration Act of 1990 () was signed into law by George H. W. Bush on November 29, 1990. It was first introduced by Senator Ted Kennedy in 1989. It was a national reform of the Immigration and Nationality Act of 1965. It increased total, o ...
* Illegal Immigration Reform and Responsibility Act of 1996 * Real ID Act of 2005 In addition to these statutes, other federal statutes, agency regulations, and executive orders, federal courts also play an important role in immigration law. Because litigants have the right to appeal a decision to federal courts of appeal, different areas of the United States effectively have different immigration laws, notwithstanding
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
review. In addition, federal statutes not facially related to immigration also may play a role in admissibility, including those related to public benefits.


Structure

Within the Department of Justice, EOIR is one of a number of offices that answers directly to the Deputy Attorney General. EOIR itself has two members of its leadership team: a director, who is appointed by the
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
, and a deputy director who may exercise the full authority of the director. The current director is David L. Neal, and the current deputy director is Charles Adkins-Blanch.


Adjudicative components


Office of the Chief Immigration Judge

The Office of the Chief Immigration Judge (OCIJ) is the authority under which trial-level immigration judges are situated. Like the EOIR director and deputy director, the Chief Immigration Judge is appointed by the attorney general, though he or she is supervised directly by the director of EOIR. The Office of the Chief Immigration Judge oversees nearly 500 immigration judges, 60 immigration courts, and 30 assistant chief immigration judges (ACIJ) based in the various cities where U.S. immigration courts are located. Immigration judges adjudicate hearings under Section 240 of the INA. Immigration judges, unlike Article III judges, do not have life tenure, and are not appointed by the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
nor confirmed by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
as required by the
Appointments Clause The Appointments Clause of the United States Constitution empowers the president of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public officials. Although the Senate must con ...
in Article II. Instead, they are civil servants appointed by the attorney general. The director of EOIR may also designate temporary immigration judges, who may serve for a period not longer than six months. Immigration adjudication does not conform to the separation of functions as prescribed by the Administrative Procedure Act. Instead, the Department of Homeland Security initiates removal proceeding against a litigant; the immigration judge is employed by EOIR. In the removal proceeding, the U.S. Government is represented by an Assistant Chief Counsel, often referred to as a "DHS attorney" or "trial attorney." Unlike criminal adjudications in Article III courts, litigants in removal proceedings do not have a constitutional right to counsel, except in narrow circumstances.


Board of Immigration Appeals

The
Board of Immigration Appeals The Board of Immigration Appeals (BIA) is an administrative appellate court, appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration ...
(BIA) is the body to whom litigants may appeal their decisions from immigration judges. Composed of 21 members appointed by the attorney general, BIA decisions are generally decided by panels of three of its members. Unlike courts of appeals in the state and federal systems, the BIA rarely holds oral arguments on appeals. Instead, the BIA conducts a "paper review" of the materials, before issuing a written decision. Though the BIA issues hundreds of decisions each year, it chooses a small number as "precedent decisions," which seek to provide guidance to immigration judges across the countries on the state of immigration law. After the BIA has decided a matter, it may choose to issue a final decision, remand to the immigration judge for further consideration, or refer the matter to the attorney general. The attorney general also may refer the case to him or herself and decide the case regardless of the decision of the BIA.


Office of the Chief Administrative Hearing Officer

The Office for the Chief Administrative Hearing Officer (OCAHO) oversees specialized immigration
administrative law judges An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law, thus involving administrative units of the executive branch of go ...
as provided for in the
Immigration Reform and Control Act of 1986 The Immigration Reform and Control Act (IRCA or the Simpson–Mazzoli Act) was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986. The Immigration Reform and Control Act legalized ...
and the
Immigration Act of 1990 The Immigration Act of 1990 () was signed into law by George H. W. Bush on November 29, 1990. It was first introduced by Senator Ted Kennedy in 1989. It was a national reform of the Immigration and Nationality Act of 1965. It increased total, o ...
. Unlike the immigration judges in the Office of the Chief Immigration Judge, who hear the merits of the immigration claims of litigants, the administrative law judges of the Chief Administrative Hearing Officer handle matters related to the employment of non-citizens unlawfully residing in the United States; other unfair employment practices; and documentation
fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
seeking immigration relief.


Non-adjudicative components


General Counsel

The Office of General Counsel (OGC) is the chief legal counsel of EOIR. The general counsel primarily provides legal guidance regarding precedential
Board of Immigration Appeals The Board of Immigration Appeals (BIA) is an administrative appellate court, appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration ...
and federal courts decisions and disseminates that information across EOIR. The Office of General Counsel also represents EOIR in federal court and responds to Freedom of Information Act requests directed at EOIR. The Office of General Counsel is also responsible for maintaining the standard for immigration attorneys nation-wide through its Attorney Discipline Program.


Office of Policy

EOIR's Office of Policy (OP), created in 2017, is responsible for communications, data collection, and regulatory review. Unlike the Office of general counsel, the Office of Policy does not represent EOIR in legal proceedings; it provides training and instructions to effectuate the policy of the director.


Criticism and controversies

The
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
's use of precedent decisions has been subject to criticism. Some commentators have argued that the use of the power, instead of settling doctrine, has departed from agency procedures and practices, adjudicated issues not relevant to a particular case, and disrupted the development of circuit law by adopting the minority view. EOIR has also been criticized for the significant backlog of immigration cases; as of December 2020, there are more than 1.2 million pending cases across the immigration courts. In 2018, the Department of Justice instituted case quotas for immigration judges, requiring each to complete 700 cases per year, a rate requiring each IJ to close more than two cases per day. The president of th
National Association of Immigration Judges
stated that the policy was an "unprecedented act which compromises the integrity of the court." A November 2019 report by the
United States Department of Justice Office of the Inspector General The Office of the Inspector General (OIG) for the United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive dep ...
found that "senior managers" involved in the hiring of Immigration Judges had used a system of "code words" to rate "the attractiveness" of female candidates. The report also found that this conduct "could give rise to claims of sexual harassment or claims of prohibited personnel practices." In January 2021, the
San Francisco Chronicle The ''San Francisco Chronicle'' is a newspaper serving primarily the San Francisco Bay Area of Northern California. It was founded in 1865 as ''The Daily Dramatic Chronicle'' by teenage brothers Charles de Young and M. H. de Young, Michael H. ...
reported that the Executive Office for Immigration Review had failed to prevent or appropriately respond to multiple instances of sexual harassment by judges and supervisors. Tal Kopan, the reporter who broke the story, added later in an interview that more allegations not included in the story indicated that the problem was widespread and not an isolated occurrence. In February 2024, Bloomberg Law News reported the Department of Justice paid 1.2 million dollars to resolve a lawsuit alleging sexual harassment by an Assistant Chief Immigration Judge.news.bloomberglaw.com/litigation/judges-staffer-accepts-1-2-million-to-end-sex-harassment-suit This follows findings by the
United States Department of Justice Office of the Inspector General The Office of the Inspector General (OIG) for the United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive dep ...
in March 2022, September 2023 and January 2024 of Immigration Judges who violated the Department's zero tolerance policy on sexual harassment and the ethical rules applicable to Immigration Judges
United States Department of Justice Office of the Inspector General The Office of the Inspector General (OIG) for the United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive dep ...


See also

* Title 8 of the Code of Federal Regulations * U.S. Citizenship and Immigration Services (USCIS) *
U.S. Customs and Border Protection United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilita ...
(CBP) *
U.S. Immigration and Customs Enforcement The United States Immigration and Customs Enforcement (ICE; ) is a Federal law enforcement in the United States, federal law enforcement agency under the United States Department of Homeland Security. ICE's stated mission is to protect the Un ...
(ICE) *
Board of Immigration Appeals The Board of Immigration Appeals (BIA) is an administrative appellate court, appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration ...
* National Association of Immigration Judges


References


External links

*
Executive Office for Immigration Review
in the
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the government gazette, official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every wee ...

List of Immigration Courts

Center for Immigration Studies Immigration Newsmaker: A Conversation with EOIR Director James McHenry
May 3, 2018
Twitter Feed
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