Who Are Immigration Court Judges? Understanding the EOIR Bench

Unlike other federal judges, immigration judges serve under the U.S. Department of Justice and are tasked with applying immigration laws to complex, often life-altering cases.

Immigration court judges play a central role in the lives of people facing removal, seeking asylum, asking for relief, or trying to keep their families together. Navigating this complex area of the law can be overwhelming. It’s important to consult an immigration lawyer who can explain your legal options and help protect your rights.

What Is the Executive Office for Immigration Review (EOIR)?

The Executive Office for Immigration Review (EOIR) is an agency under the U.S. Department of Justice (DOJ). The EOIR oversees immigration courts and employs the immigration judges who conduct hearings.

The EOIR’s main role is to conduct removal proceedings in immigration courts and adjudicate any appeals arising from such proceedings involving noncitizens. Under authority from the U.S. Attorney General, the EOIR conducts immigration court removal proceedings, appellate reviews, and administrative hearings.

Immigration Judges: Key Players in the US Immigration System

Immigration judges are lawyers who are civil servants. They make up the EOIR bench, are selected through a competitive process, and are appointed by the U.S. Attorney General. Unlike Article III judges, who are nominated by the President and confirmed by the Senate, immigration judges do not have life tenure.

There are more than 700 immigration judges in immigration courts throughout the country. They help keep the immigration system running and are expected to act as neutral decision-makers, applying the law fairly to the facts before them. Immigration judges are supervised by a chief immigration judge, who assigns cases to them and evaluates their performance.

Federal laws, including the Immigration and Nationality Act (INA), authorize immigration judges to exercise independent judgment in administering immigration law. However, policies and priorities can shift significantly from one administration to another. For example, the Trump administration issued new directives that narrowed eligibility for asylum and placed greater emphasis on speedy case closures.

Common Cases in Immigration Court

Immigration court cases involve enforcement actions by the Department of Homeland Security (DHS) and its federal agencies:

• U.S. Customs and Border Protection (CBP) enforces immigration laws at and near the border. It processes people who enter the United States at the border.
• The U.S. Immigration and Customs Enforcement (ICE) enforces immigration laws in the interior of the United States. ICE also monitors aliens in removal proceedings using ICE check-ins. ICE has government lawyers who are similar to prosecutors and are the opposing party in immigration court.
• U.S. Citizenship and Immigration Services (USCIS) processes and decides immigration applications, such as visas and employment authorization. USCIS also conducts credible fear and asylum interviews for aliens who are not in removal proceedings.

Common issues immigration judges address include:

• Whether a person is removable under immigration law
• Whether a person qualifies for asylum
• Whether a person can receive withholding of removal
• Whether a person can seek cancellation of removal
• Whether a person should receive voluntary departure
• Bond-related matters in certain situations
• Requests for continuances, reopening, or procedural relief

Judges preside over merits hearings in which evidence is presented, witnesses testify, and legal arguments are made.

Immigration Judges Preside Over Immigration Court Procedures

In the immigration court, an immigration judge decides whether a person is eligible to remain in the U.S. or is subject to deportation. Before anyone in the United States can be deported, the individual has a right to an Immigration Court hearing.

Immigration court hearings are divided into distinct types, each serving a specific purpose in determining an individual’s immigration status.

Master Calendar Hearing

A Master Calendar Hearing (MCH) is the first, preliminary hearing in U.S. immigration court removal proceedings. At the MCH, the judge outlines the charges, advises of rights, and sets deadlines for evidence and future hearings.

The MCH is not a trial; it serves as a procedural scheduling meeting. At an MCH, the judge will review the Notice to Appeal to determine whether an individual is subject to removal. To demonstrate that they should not be removed from the United States, the individual must apply for and be approved for a form of immigration relief or protection.

Applications must be submitted to the immigration judges, while others must be submitted to USCIS. If the individual submits an application to USCIS, they must still attend any scheduled immigration court hearings. But the individual can request that the immigration court dismiss their case.

If the individual submits an application to an immigration judge, they will be scheduled for the next stage of a court case, the Individual Hearing.

Individual Hearing

When an application is submitted to the immigration judge, they will schedule an individual hearing at which the individual presents their case. The judge or the government’s attorney may ask questions, and the individual must answer them under oath.

The individual must be able to prove that they should not be deported because the immigration authorities were wrong, or that they are eligible for an immigration benefit that would allow them to remain in the United States.

If the individual was previously deported from the United States, they can be deported under a prior order. However, if they are afraid to return to their home country, they can explain the situation to immigration agents. The individual might be able to have their case heard by an immigration judge.

Bond Hearings

If the individual is detained by immigration authorities, they may be able to ask for a bond hearing. This allows them to ask the immigration judge to release them on bond.

At this hearing, an immigration judge considers whether they will appear at future court hearings and whether they pose a danger to the community. The individual can present evidence to support their bond petition, such as:

• Family relationships
• Community ties
• Steady work history
• Other positive factors

Issuing a Decision in Immigration Court Cases

The immigration judge will issue a decision at the end of the court hearing or send a decision by mail weeks or months later.

If the judge approves the application, the government attorney has 30 days to appeal the decision. If the government lawyer does not appeal, they will need to determine their next steps, including eligibility for lawful permanent residence, naturalization, and later United States citizenship; requirements for travel; and whether the relief is temporary or permanent.

Upon denial, the judge will enter a removal order. This means they could be removed from the United States. But they may appeal the decision to the Board of Immigration Appeals (BIA) within 30 days of the judge’s decision.

The Immigration Appeals Process

The Board of Immigration Appeals (BIA) reviews appeals of an immigration judge’s decision. This court does not hold oral arguments; instead, it reviews written materials. After its review, the BIA may issue a final written decision, send the case back to the immigration judge for further review, or refer the case to the U.S. Attorney General.

Each year, the BIA chooses a small number of “precedent decisions” to guide immigration judges across the country. The BIA appeals process ensures that every opportunity for a fair outcome is available.

The Impact of an Immigration Judge’s Decision

The impact of an immigration judge can be profound and immediate. Their rulings determine whether a person is sent back to their home country or allowed to stay in the United States.

The decision may impact whether a parent remains with their children, maintains family unity, or keeps a job to provide for loved ones.

Speak with an Immigration Lawyer

Due to the complexity of immigration law, it’s critical to have help from an attorney if you’re facing removal or deportation proceedings. Get legal advice from a trustworthy legal expert, especially if you have been deported before or have to go to immigration court.

Consulting with someone knowledgeable about U.S. immigration law and policy can make all the difference for your case. Search the Super Lawyers directory for a lawyer specializing in immigration law.