The History and Role of the Board of Immigration Appeals (BIA)
The Board of Immigration Appeals (BIA) is an administrative appellate body that works within the Executive Office of Immigration Review of the United States Department of Justice. Decisions that immigration judges make can be reviewed by the BIA, where the BIA can either affirm, reverse, or remand a judge’s decision regarding removal proceedings or other immigration issues. The BIA is headquartered in Falls Church, Virginia, and issues its decisions in the form of three-member panels who review and decide cases. In general, the BIA does not conduct courtroom proceedings; it decides appeals by conducting what is called a “paper review” of cases. The majority of the cases that are reviewed by the BIA are cases involving deportation and removal. The BIA also hears cases involving immigrant visa petitions involving family members as well as cases of non-citizens applying for admission to the United States for various reasons. Most BIA decisions are subject to review by federal appellate courts. Federal appellate courts have the power to affirm, reverse, or remand BIA decisions the same way the BIA has power over immigration court decisions.
RECENT CHANGES IN THE BIA
Prior to the Trump administration, the BIA was comprised of 17 members. Under the Trump administration, the BIA increased its membership to 23 members. This increase in board members coincides with an incredible increase in cases in immigration court. The end of 2019 saw records set as there were approximately four times as many cases in immigration court as the year prior. Nine career members of the BIA who were appointed prior to the Trump administration were offered buyouts to leave the BIA, but none took the buyout offer. They have since been “reassigned” to other roles within the DOJ. To fill both these existing positions and newly formed positions, the Executive Office of Immigration Review (EOIR) in conjunction with Attorney General William Barr appointed new judges to the BIA. The 9 most recent hires to the BIA include immigration judges who reportedly denied in excess of 90% of asylum claims in their courts. This expansion has led to criticism that the BIA has lost its impartiality and is only seeking to push the anti-immigration agenda of President Trump. Whatever the reasons, the makeup of the BIA has significantly changed since the result of the 2016 elections.
HOW DOES THIS AFFECT ME?
If you are facing the potential of deportation and removal, this affects you directly. In 2018, there were approximately 250,000 immigration cases pending in the immigration court system. That number increased to over 1,000,000 cases by the end of 2019. The caseload has not only grown, it has shown this administration’s initiative to make immigration to the United States as difficult as possible. This increase in cases has left many people searching for answers and looking for help in trying to defend against the power of the federal government. If you are facing deportation and removal from the United States, then it is important that you speak to an experienced federal immigration defense attorney immediately. Non-citizens and even green card holders can be removed from the United States for a variety of reasons. Whether you have committed a criminal offense or have fallen out of legal status due to overstay or other reason, the federal government in conjunction with Immigrations and Customs Enforcement (ICE) is not taking these cases lightly. This increase of immigration cases across the United States has not come by accident, and it will only continue to increase during the current administration.
