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Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement. The BIA was established in 1940 after the Immigration and Naturalization Service was transferred from the United States Department of Labor to the Department of Justice.
The Board of Immigration Appeals traces its origins to the Immigration Act of 1891, which was the first comprehensive federal law that governed the immigration system. The Act established an Office of Immigration within the Department of the Treasury, which would be supervised by a Superintendent of Immigration and responsible for handling immigration functions. The Act also laid out an appeals process where immigrants could appeal the Office's decisions to the Superintendent of Immigration.
Two years later, the Immigration Act of 1893 established three-member Boards of Special Inquiry to decide challenges to decisions of the Office of Immigration that deported or excluded an immigrant seeking to enter the United States.
Congress continued to adjust the immigration system over the coming decades. In 1903, Congress moved immigration functions from the Treasury to the newly created Department of Commerce and Labor. Ten years later, Congress split the Department of Commerce and Labor into a Department of Commerce and a Department of Labor, and assigned responsibility for the immigration system to the latter.
In 1917, Congress passed the Immigration Act of 1917 that reformed the provisions governing the exclusion and deportation of immigrants.
The Immigration Act of 1921 established a new system of national quotas that limited the number of immigrants from any given country. These reforms significantly increased the number of administrative appeals filed by immigrants and the complexity of each case. The Secretary of Labor established a Board of Review to handle the increased caseload and recommend decisions.
In 1933, Executive Order 6166 centralized all immigration functions within a new Immigration and Naturalization Service in the Department of Labor.
In 1940, President Roosevelt moved the INS to the Department of Justice. The Attorney General replaced the Board of Review with a new Board of Immigration Appeals authorized to decide appeals itself, instead of recommending decisions. The BIA was given significant independence and remains responsible solely to the Attorney General.
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Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement. The BIA was established in 1940 after the Immigration and Naturalization Service was transferred from the United States Department of Labor to the Department of Justice.
The Board of Immigration Appeals traces its origins to the Immigration Act of 1891, which was the first comprehensive federal law that governed the immigration system. The Act established an Office of Immigration within the Department of the Treasury, which would be supervised by a Superintendent of Immigration and responsible for handling immigration functions. The Act also laid out an appeals process where immigrants could appeal the Office's decisions to the Superintendent of Immigration.
Two years later, the Immigration Act of 1893 established three-member Boards of Special Inquiry to decide challenges to decisions of the Office of Immigration that deported or excluded an immigrant seeking to enter the United States.
Congress continued to adjust the immigration system over the coming decades. In 1903, Congress moved immigration functions from the Treasury to the newly created Department of Commerce and Labor. Ten years later, Congress split the Department of Commerce and Labor into a Department of Commerce and a Department of Labor, and assigned responsibility for the immigration system to the latter.
In 1917, Congress passed the Immigration Act of 1917 that reformed the provisions governing the exclusion and deportation of immigrants.
The Immigration Act of 1921 established a new system of national quotas that limited the number of immigrants from any given country. These reforms significantly increased the number of administrative appeals filed by immigrants and the complexity of each case. The Secretary of Labor established a Board of Review to handle the increased caseload and recommend decisions.
In 1933, Executive Order 6166 centralized all immigration functions within a new Immigration and Naturalization Service in the Department of Labor.
In 1940, President Roosevelt moved the INS to the Department of Justice. The Attorney General replaced the Board of Review with a new Board of Immigration Appeals authorized to decide appeals itself, instead of recommending decisions. The BIA was given significant independence and remains responsible solely to the Attorney General.