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Executive Office For Immigration Review
The Executive Office for Immigration Review (EOIR) is a sub-agency of the United States Department of Justice whose chief function is to conduct removal proceedings in immigration courts and adjudicate appeals arising from the proceedings. These administrative proceedings determine the removability and admissibility of individuals in the United States. , there were sixty-nine immigration courts throughout the United States. History and jurisdiction EOIR was created in 1983 by the Department of Justice (DOJ) as part of an internal reorganization. Prior to 1983, the functions performed by EOIR were divided among different agencies. The earliest version of a specialized immigration service was the Immigration and Naturalization Service (INS), created in 1933, in the Department of Labor. Seven years later, in 1940, the INS moved from Labor to its present location in the Department of Justice. Twelve years after moving to DOJ, in 1952, the Immigration and Nationality Act organized a ...
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Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and thi ...
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Illegal Immigration Reform And Immigrant Responsibility Act Of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA or IIRAIRA), Division C of , made major changes to the Immigration and Nationality Act (INA). IIRIRA's changes became effective on April 1, 1997. Former United States President Bill Clinton asserted that the legislation strengthened "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system — without punishing those living in the United States legally". However, IIRIRA has been criticized as overly punitive "by eliminating due process from the overwhelming majority of removal cases and curtailing equitable relief from removal". A range of critiques have emerged concerning the provisions enacted with IIRIRA, such as the expansion of aggravated felonies, creation of the 287(g) program, reduction in due process rights, and intensified funding of border militarization. With IIRIRA, all noncitizens, regardless of legal status and includin ...
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Article Two Of The United States Constitution
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. Section 1 of Article Two establishes the positions of the president and the vice president, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of the federal government is vested in the president and, along with the Vesting Clauses of Article One and Article Three, establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College, the body charged with electing the president and the vice president. Section 1 provides that each state chooses members of the Electoral College in a manner ...
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Appointments Clause
The Appointments Clause of Article II, Section 2, Clause 2, of the United States Constitution empowers the President of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public officials. Although the Senate must confirm certain principal officers (including ambassadors, Cabinet secretaries, and federal judges), Congress may by law invest the appointment of "inferior" officers to the President alone, or the courts of law, or the heads of departments. Text Appointments Clause aspects Nomination The President has plenary power to nominate political appointees, and the Senate's role is only advisory to the nomination, because the President is not bound to appoint his own nominee even with their advice. As Gouverneur Morris stated in the Constitutional Convention, “As the President was to nominate, there would be responsibility, and as the Senate was to concur, there would be security.” Advice and consent The ...
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United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powers of the Senate are established by Article One of the United States Constitution. The Senate is composed of senators, each of whom represents a single state in its entirety. Each of the 50 states is equally represented by two senators who serve staggered terms of six years, for a total of 100 senators. The vice president of the United States serves as presiding officer and president of the Senate by virtue of that office, despite not being a senator, and has a vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore, who is traditionally the senior member of the party holding a majority of seats, presides over the Senate. As the upper chamber of Congress, the Senate has several powers ...
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President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of the United States, federal government and is the Powers of the president of the United States#Commander-in-chief, commander-in-chief of the United States Armed Forces. The power of the presidency has grown substantially since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly strong role in American political life since the beginning of the 20th century, with a notable expansion during the presidency of Franklin D. Roosevelt. In contemporary times, the president is also looked upon as one of the world's most powerful political figures as the leader of the only remaining global superpower. As the leader of the nation with t ...
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United States Federal Judge
In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Courts of Appeals, the district judges of the U.S. District Courts, and the judges of the U.S. Court of International Trade. These judges are often called "Article Three judges". Unlike the president and vice president of the United States and U.S. senators and representatives, U.S. federal judges are not elected officials. They are nominated by the President and confirmed by the Senate, pursuant to the Appointments Clause of Article Two of the U.S. Constitution. The U.S. Constitution gives federal judges life tenure, and they hold their seats until they die, resign, or are removed from office by impeachment. Strictly speaking, the term "federal judge" does not include U.S. magistrate judges or the judges of lesser federal tri ...
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Immigration Judge (United States)
An immigration judge, formerly known as a special inquiry officer, is an employee of the United States Department of Justice who confers U.S. citizenship or nationality upon lawful permanent residents who are statutorily entitled to such benefits. An immigration judge also decides cases of aliens in various types of removal proceedings. During the proceedings, an immigration judge may grant any type of immigration relief or benefit to an alien, including to his or her family members. An immigration judge is appointed by (and works under the direction of) the U.S. Attorney General. In other words, under the Immigration and Nationality Act (INA), immigration judges act as representatives of the Attorney General and can only act according to authority delegated by the Attorney General (such as under the regulations) or by the INA. There are approximately 465 immigration judges located across the United States. An immigration judge can either be a citizen or a national of the United S ...
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United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. History United States Congress, Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosec ...
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United States Deputy Attorney General
The United States deputy attorney general is the second-highest-ranking official in the United States Department of Justice and oversees the day-to-day operation of the Department. The deputy attorney general acts as attorney general during the absence of the attorney general. Lisa Monaco has served in this role since April 21, 2021. The deputy attorney general is a political appointee of the President of the United States and takes office after confirmation by the United States Senate. The position was created in 1950. List of United States deputy attorneys general References External links * Deputy Attorney General Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
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Public Charge Rule
Under the public charge rule, immigrants to United States classified as Likely or Liable to become a Public Charge may be denied visas or permission to enter the country due to their disabilities or lack of economic resources. The term was introduced in the Immigration Act of 1882. The restriction has remained a major cause for denial of visas and lawful permanent residency ever since; in 1992, about half of those denied immigrant and non-immigrant visas for substantive reasons were denied due to the public charge rule. However, the administrative definition of "public charge" has been subject to major changes, notably in 1999 and 2019. Laws regarding immigrants likely to become a public charge The Immigration Act of 1882 found immigrants who were "unable to take care of himself or herself without becoming a public charge" unsuitable for American citizenship and therefore denied their entry. In addition to LPC the act initiated a fifty cent head tax which would be used f ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ...
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