Fact Check: "Immigration judges work under the direction of the U.S. attorney general."
What We Know
Immigration judges in the United States operate under the Executive Office for Immigration Review (EOIR), which is part of the Department of Justice (DOJ). The EOIR is overseen by the Attorney General, who has the authority to appoint immigration judges and set policies that govern their operations. According to the Board of Immigration Appeals, decisions made by the Board are binding unless modified or overruled by the Attorney General or a federal court. This structure indicates that immigration judges are indeed under the jurisdiction of the Attorney General.
Recent events have highlighted the influence of the Attorney General over immigration judges. For instance, a letter from U.S. Senators, including Michael Bennet and John Hickenlooper, expressed concern over the termination of multiple immigration judges, which they attributed to decisions made by the EOIR leadership, under the direction of the Attorney General at that time, Pam Bondi (Bennet et al.). The letter emphasized the significant role the Attorney General plays in the management and operation of immigration courts.
Analysis
The claim that immigration judges work under the direction of the U.S. Attorney General is substantiated by the organizational structure of the EOIR and the powers granted to the Attorney General. The EOIR's leadership, including immigration judges, operates within the framework established by the Attorney General, who has the discretion to appoint judges and influence the policies that govern their work (source-4).
The reliability of the sources used in this analysis is high. The information from the EOIR and the DOJ is official and provides a clear understanding of the relationship between immigration judges and the Attorney General. The letter from Senators Bennet and Hickenlooper, while politically motivated, reflects legitimate concerns regarding the operational integrity of the immigration court system and underscores the Attorney General's role in these matters (source-1, source-2).
While some criticisms have been raised about the politicization of immigration judges' appointments in the past, particularly during the Trump administration, the current structure remains that immigration judges are appointed and managed under the Attorney General's authority (source-1). This further supports the claim that immigration judges work under the direction of the Attorney General.
Conclusion
The claim that immigration judges work under the direction of the U.S. Attorney General is True. The organizational structure of the EOIR, along with the authority vested in the Attorney General to appoint and oversee immigration judges, confirms this assertion. The evidence presented from credible sources supports the conclusion that immigration judges operate within the framework established by the Attorney General.
Sources
- Bennet, Hickenlooper, Colleagues Urge Trump ... (https://www.bennet.senate.gov/2025/04/09/bennet-hickenlooper-colleagues-urge-trump-administration-to-address-termination-of-immigration-judges/)
- March 28, 2025 The Honorable Pam Bondi Attorney ... (https://www.judiciary.senate.gov/imo/media/doc/2025-03-28%20-%20Letter%20to%20DOJ%20re%20IJ%20Firings_12qlmkzmoxx3c.pdf)
- Board of Immigration Appeals (https://www.justice.gov/eoir/board-of-immigration-appeals)
- Reducing the Size of the Board of Immigration Appeals (https://www.federalregister.gov/documents/2025/04/14/2025-06294/reducing-the-size-of-the-board-of-immigration-appeals)
- Office of the Chief Immigration Judge (https://www.justice.gov/eoir/office-of-the-chief-immigration-judge)
- Trump rehires hardline immigration judge to oversee a court (https://www.npr.org/2025/06/06/nx-s1-5409057/trump-immigration-judge-rehiring)
