Immigration judge (United States)

{{Short description|United States official who confers U.S. citizenship}}

An immigration judge, formerly known as a special inquiry officer,{{uscsub|8|1101|a|47|A}} is an employee of the United States Department of Justice, an executive branch of the US government.{{usc|8|1421}} ("Naturalization authority"); {{uscsub|8|1447|a}} ("Request for hearing before immigration officer."); {{uscsub|8|1101|18}} ("The term 'immigration officer' means any employee or class of employees of ... the United States designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title."). An immigration judge decides cases of aliens in various types of removal proceedings.{{uscsub|8|1229a|c|1|A}} ("At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States."); see also Matter of Falodun, [https://www.justice.gov/eoir/page/file/971036/download 27 I&N Dec. 52] (BIA 2017).{{uscfr|8|1003.14}} ("Jurisdiction and commencement of proceedings"). During the proceedings, an immigration judge may grant any type of immigration relief or benefit to a noncitizen, as well as to his or her family members.

An immigration judge is appointed by, and works under the direction of, the U.S. Attorney General.Immigration judges are quasi-judicials formerly known as “special inquiry judges," and act independently in their decision making capacity. They handle removal and deportation cases.

{{uscfr|8|1001.1}}(l) (defining "immigration judge").{{cite web |title=Attorney General Sessions Delivers Remarks to the Largest Class of Immigration Judges in History for the Executive Office for Immigration Review (EOIR) |url=https://www.justice.gov/opa/speech/attorney-general-sessions-delivers-remarks-largest-class-immigration-judges-history |date=September 10, 2018 |publisher=U.S. Dept. of Justice |accessdate=September 24, 2018}}{{cite news |title=Sessions criticizes immigrants' attorneys before immigration judges |url=https://edition.cnn.com/2018/09/10/politics/sessions-immigration-judges/index.html |date=September 10, 2018 |publisher=CNN |first=Tal |last=Kopan |accessdate=September 24, 2018}} In other words, under the Immigration and Nationality Act (INA), immigration judges act as representatives of the Attorney General and can only act according to authority delegated by the Attorney General or by the INA.Matter of S-O-G- & F-D-B-, [https://www.justice.gov/eoir/page/file/1095371/download 27 I&N Dec. 462] (A.G. 2018). Despite not being part of the judicial branch of government, immigration judges are quasi-judicials, formerly known as “special inquiry officers," who handle removal and deportation cases and are meant to decide independently.

There are approximately 600 immigration judges located at 68 immigration courts and three adjudication centers across the United States.{{Cite web|url=https://www.justice.gov/eoir/office-of-the-chief-immigration-judge |title=Office of the Chief Immigration Judge |website=justice.gov |access-date=2024-05-10}} An immigration judge can either be a citizen or a national of the United States.{{cite web |url=https://www.justice.gov/legal-careers/job/immigration-judge-3 |title=Immigration Judge |date=30 January 2018 |quote=You must be a U.S. Citizen or National. |accessdate=September 24, 2018 |publisher=EOIR}}{{uscsub|8|1101|22}} ("The term 'national of the United States' means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States." (emphasis added); Black's Law Dictionary at p.87 (9th ed., 2009) (defining the term "permanent allegiance" as "[t]he lasting allegiance owed to a state by its citizens or [permanent resident]s.") (emphasis added).