The U.S. immigration system splits judicial authority between federal district courts, federal appeals courts (which review constitutional and legal issues), and a specialized tribunal called immigration court. Immigration courts are not Article III courts (they're not staffed by judges appointed under the Constitution); instead, they're part of the Executive Office for Immigration Review (EOIR) under the Department of Justice.
Immigration judges hear two main types of cases: deportation proceedings (removal cases) and bond hearings. In a removal case, the government argues the person should be deported, and the person can argue for asylum, cancellation of removal, or other forms of relief. Bond hearings, held within removal cases, determine whether the person can be released on bond while the removal case is pending. The outcome of removal proceedings determines whether a person is deported or allowed to remain in the United States.
Because immigration courts are executive branch tribunals, not constitutional courts, they operate differently from district courts. Immigration judges are appointed by the Department of Justice, not nominated by the President and confirmed by the Senate. Decisions can be appealed to the Board of Immigration Appeals (BIA) and then to federal circuit courts, which have the power to overturn immigration judge decisions on legal grounds, including statutory interpretation questions—as the Second Circuit did in Cunha v. Freden (April 2026) when it rejected the government's mandatory detention interpretation.
Immigration courts decide whether you can stay in the U.S. or must leave. But because they're run by the executive branch (not Article III courts), there's often debate about whether they provide enough due process protection. Understanding how immigration courts work matters because they affect millions of people facing deportation, and their decisions interact with federal appellate courts that sometimes disagree with the government.
People often think immigration courts are real federal courts like district courts. In practice, immigration courts are part of the Justice Department, not the judicial branch. Immigration judges aren't Article III judges. This structure means immigration courts operate under different rules, and their decisions can be overruled by federal appellate courts.
Immigration courts decide whether you can stay in the U.S. or must leave. But because they're run by the executive branch (not Article III courts), there's often debate about whether they provide enough due process protection. Understanding how immigration courts work matters because they affect millions of people facing deportation, and their decisions interact with federal appellate courts that sometimes disagree with the government.
People often think immigration courts are real federal courts like district courts. In practice, immigration courts are part of the Justice Department, not the judicial branch. Immigration judges aren't Article III judges. This structure means immigration courts operate under different rules, and their decisions can be overruled by federal appellate courts.