A DOJ rule permits the EOIR director, with the Attorney General's approval, to designate any attorney as a temporary immigration judge (TIJ) for renewable six-month terms. The rule declines to limit the number of extensions or cap the total length of a temporary appointment. Previously, TIJs were required to be former immigration judges, EOIR ALJs, ALJs from other agencies with consent, or Department attorneys with at least ten years of immigration-law experience. EOIR oversees immigration court proceedings, appellate reviews, and administrative hearings. The DOJ states that immigration-law experience is not always a strong predictor of success and cites successful hires without prior immigration experience.
The new rule, which went into effect on Thursday, permits the director of the Executive Office of Immigration Review (EOIR), with the U.S. Attorney General's approval, "to designate or select any attorney to serve" as a temporary immigration judge (TIJ) for a renewable six-month term. The notice states that the DOJ "declines to adopt any limitations on the number of extensions of the six-month periods or otherwise cap the length of a temporary appointment." The EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.
Prior to the change, TIJs had to be former immigration judges or appellate immigration judges; EOIR administrative law judges (ALJs) or ALJs retired from EOIR; ALJs from other executive branch agencies with the consent of their agencies; or Department attorneys with at least 10 years of legal experience in the field of immigration law.
"Immigration law experience is not always a strong predictor of success as an IJ, and EOIR has hired individuals from other federal agencies and department components without prior immigration experience who have become successful and exemplary IJs," the rule states.
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