Immigration judge

An immigration judge, formerly known as a special inquiry officer, is an employee of the United States Department of Justice, which is part of the executive branch of the US government. An immigration judge decides cases of aliens in various types of removal 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. 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. 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.

Immigration judges are not administrative law judges (ALJs) and they do not conduct formal adjudications covered by the Administrative Procedure Act (APA). Under current federal law, they are non-ALJ adjudicators beyond the protection of the APA.

There are approximately 700 immigration judges located at 71 immigration courts and three adjudication centers across the United States. An immigration judge can either be a citizen or a national of the United States.

• Executive Office for Immigration Review

• Office of the Chief Immigration Judge