EOIR Policy Manual, Part I, ch. 1.2

(b) The Office of the Chief Immigration Judge (OCIJ)

OCIJ oversees the administration of the immigration courts nationwide and exercises administrative supervision over Immigration Judges.  Immigration Judges are responsible for conducting immigration court proceedings and act independently in deciding matters before them.  Under the immigration laws, Immigration Judges are tasked with resolving cases in a manner that is timely, impartial, and consistent with the federal statutes and regulations and precedent decisions of the Attorney General, the Board and federal courts.  See 8 C.F.R. § 1003.10(b).  Additional information regarding OCIJ is available at Part II, Immigration Court Practice Manual, and on the EOIR website.

(c) The Board of Immigration Appeals (Board)

The Board is the highest administrative body for interpreting and applying immigration laws.  It is responsible for applying the immigration and nationality laws uniformly throughout the United States.  The Board has nationwide jurisdiction to review the orders of Immigration Judges and certain decisions made by the Department of Homeland Security (DHS), and to provide guidance to the Immigration Judges, DHS, and others, through published decisions.  The Board is tasked with resolving the questions before it in a manner that is timely, impartial, and consistent with federal statutes, regulations, and precedent decisions.  In addition, the Board is responsible for providing clear and uniform guidance regarding the proper interpretation and administration of the Immigration and Nationality Act (INA) and its implementing regulations.  8 C.F.R. § 1003.1(d)(1).

In addition to the Board’s appellate authority over issues related to immigration laws, it also has review authority of other issues including: (1) disciplinary decisions related to recognized organizations and accredited representatives appearing before the immigration courts, DHS, and the Board; (2) certain visa petitions before DHS; and (3) DHS-imposed carrier fines.  Additional information regarding the Board is available at Part III: Board Practice Manual, and on the EOIR website. 

(d) The Office of the Chief Administrative Hearing Officer (OCAHO)

OCAHO is responsible for adjudicating cases involving illegal hiring and employment eligibility verification violations (“employer sanctions”), anti-discrimination provisions, and document fraud under the INA.  See INA §§ 274A, 274B, and 274C, 28 C.F.R. part 68.  OCAHO’s Administrative Law Judges (ALJs) are supervised by the Chief Administrative Hearing Officer (CAHO), who reviews the ALJs’ employer sanctions and related document fraud decisions.  All ALJ decisions may be reviewed by the federal circuit courts of appeal.  Additional information regarding OCAHO is available at Part IV: The Office of the Chief Administrative Hearing Officer and on the OCAHO webpage.  See also Appendix B (Organizational Chart).

(e) The Office of Administration (OA)

OA provides administrative and managerial support in several areas concerning financial management or special emphasis and compliance programs.  Specifically, OA supports the following areas: appropriations; budget and financial management; contracts and procurement; human resources; security; space and facilities management; and logistics.     

(f) The Office of the General Counsel (OGC)

OGC provides legal advice to all of EOIR on certain matters, including ethics, records management, privacy, release of information pursuant to the Freedom of Information Act, employee performance and discipline (except in matters related to the discipline of adjudicators for decisions made in the adjudication of cases under the Act), practitioner discipline, and other related areas not inconsistent with the law. OGC is also responsible for receiving complaints about attorneys and accredited representatives and initiating disciplinary proceedings when appropriate. See Chapter 8 (Discipline of Practitioners).

OGC also administers EOIR’s Fraud and Abuse Prevention Program, which operates to protect the integrity of immigration proceedings by working to reduce immigration fraud and abuse.

Individuals wishing to report immigration fraud or abuse, or other irregular activity, should contact the EOIR Fraud and Abuse Prevention Program.  For contact information, see Appendix A (Directory). Where appropriate, the EOIR Fraud and Abuse Prevention Program refers cases to other authorities for further investigation.  See Chapter 7.

(g) The Office of Information Technology (OIT)

OIT oversees EOIR’s information technology (IT) infrastructure, assets, and services.  OIT provides the IT solutions and services required to support EOIR’s mission and meet the business needs of EOIR.  OIT is comprised of four operational areas focused on a commitment to deliver reliable digital solutions designed to drive transformative progress in alignment with the DOJ objectives and EOIR mission.

1. Operations

2. Solutions Delivery

3. Cybersecurity

4. Executive Management Office 

(h) The Office of Policy (OP)

OP is responsible for all agency policy and regulatory review and development; internal and external communications; legal education, research, and certifications; and training and public resources.  The Office strives to maintain open communication among components through the efforts of the staff of the following divisions: 

1. Immigration Law Division – The Immigration Law Division (ILD) is responsible for drafting regulations in consultation with OGC, coordinating legal policy development and drafting policy memoranda as necessary, and coordinating the review of proposed legislation.  

2. Legal Education and Research Services Division - The Legal Education and Research Services Division (LERS) develops and coordinates headquarters and nationwide substantive legal training and professional development for new and experienced Judges, attorneys, and others within EOIR who are directly involved in EOIR’s adjudicative functions.

LERS maintains the Law Library and Immigration Research Center (LLIRC). See Chapter 2.2 (Law Library and Immigration Research Center) for additional information on the LLIRC.  

3. Public Resources and Communications Division - The Public Resources and Communications Division (PRCD) is responsible for public resources and communications for EOIR.  PRCD’s Public Resource Programs (PRP), works to improve efficiency by providing information to respondents/applicants appearing before the immigration courts and the Board.  PRCD also administers the Recognition and Accreditation Program, including the recognition of organizations and the accreditation of their representatives wishing to practice before the immigration courts, the Board, and/or DHS. 

(i) The Office of the Director (OOD)

OOD supervises three offices and programs whose functions cut across each of EOIR’s components: the Office of Equal Employment Opportunity (EEO); and the Planning, Analysis, and Statistics Division (PASD).

EEO provides resources to EOIR employees and applicants for federal employment and serves as the agency’s primary resource for fostering the elimination of discriminatory actions in the workplace.  

PASD develops statistical reports, analyses, and evaluations to inform EOIR strategic management efforts and support the communication of pertinent agency information both internally and to the public.  PASD delivers reports and responds to ad hoc requests for data and other EOIR information.  More information on EOIR's statistics and publications is available on the EOIR's Workload and Adjudication Statistics webpage.

(j) EOIR's Relationship to Other Government Offices

            (1) Relationship to the Department of Homeland Security (DHS) - DHS was established in March 2003 and assumed most of the functions of the now defunct Immigration and Naturalization Service (INS).  DHS enforces immigration laws and administers immigration and naturalization benefits. Three components within DHS, U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) are authorized to initiate proceedings in EOIR's immigration courts.  An ICE attorney represents DHS in those proceedings.  ICE is authorized to initiate cases before OCAHO pursuant to INA §§ 274A and 274C, and an ICE attorney represents DHS in those proceedings.

            (2) Relationship to the former Immigration and Naturalization Service - Prior to the creation of DHS, INS was a component of the DOJ that enforced the immigration laws and administered immigration benefits.  The INS no longer exists, and DHS now performs the enforcement and benefits-granting roles of the former INS.

            (3) Relationship to the Administrative Appeals Office - The Administrative Appeals Office (AAO) is a component of USCIS within DHS.  The AAO adjudicates appeals from DHS denials of certain kinds of applications and petitions, including employment-based immigrant petitions and most nonimmigrant visa petitions.  See 8 C.F.R. §§ 103.2, 103.3.  The AAO is not a component of the DOJ and should not be confused with EOIR, OCIJ, OCAHO, or the Board.  See Appendix B (Organizational Chart).

            (4) Relationship to the DOJ Civil Rights Division, Immigrant and Employee Rights Section - The Immigrant and Employee Rights Section (IER) of the DOJ’s Civil Rights Division enforces the provisions of INA § 274B and is authorized to initiate proceedings before OCAHO alleging violations of that section.  Attorneys from IER represent the DOJ in those proceedings.  Individuals who believe they have been a victim of discrimination in violation of INA § 274B should first file a charge with IER.  If IER does not act on the charge within a specified period of time, then the individual may file a complaint with OCAHO.  In such cases the individual is responsible for his or her own legal representation.

            (5) Relationship to Other Components of the Department of Justice - The Civil Division of a U.S. Attorney's Office or, within the DOJ's Civil Division, the Office of Immigration Litigation (OIL), the Federal Programs Branch, or the Appellate Staff generally represent the U.S. Government, including EOIR, in immigration-related civil litigation in federal court.

            (6) Relationship to the Department of Health and Human Services - The U.S. Department of Health and Human Services (HHS) is responsible for the “care and custody” of unaccompanied alien children (UAC), including UACs in immigration proceedings.  8 U.S.C. § 1232(b)(1).