IJ (Immigration Judge)

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Immigration judges (IJs) are attorneys appointed by the Attorney General to preside over immigration court proceedings within the Executive Office for Immigration Review (EOIR). Unlike federal judges who enjoy lifetime appointments and constitutional protections of independence, immigration judges are executive branch employees who serve at the pleasure of the Attorney General.

There are currently over 600 immigration judges serving in approximately 70 immigration courts across the country. They are responsible for conducting removal hearings, making decisions on applications for relief (such as asylum, cancellation of removal, and withholding of removal), setting bond, and managing their dockets.

Immigration judges wield enormous power — their decisions determine whether individuals are allowed to remain in the United States or are deported. Yet they operate under significant constraints. They face mounting caseloads (some judges have over 4,000 pending cases), administrative pressure to meet case completion targets, and limited support staff compared to other judicial systems.

The lack of structural independence is a defining feature of the immigration court system. The Attorney General can issue decisions that bind all immigration judges, effectively setting legal precedent through a political appointee rather than an independent judiciary. Past Attorneys General have used this power to restrict asylum eligibility, limit continuances, and alter procedural rules.

Judge-to-judge variation in outcomes is striking. OpenImmigration data shows that asylum grant rates can vary from under 5% to over 90% depending on the assigned judge, even within the same court. This "judge roulette" effect means that the outcome of a case may depend as much on which judge hears it as on the merits of the claim.

The immigration judge corps has experienced significant hiring waves and attrition. Burnout, politicization, and working conditions have contributed to turnover, with the judges' union (NAIJ) advocating for independent court status.

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