What is the difference between an immigration judge and an immigration officer?
The primary difference between an immigration judge and an immigration officer is the authority in which they possess and the role they play in the immigration legal process. An immigration judge is an official with the power to decide cases on the U.S. immigration system and deport individuals from the United States. An immigration judge is part of the Executive Office for Immigration Review (EOIR) and will decide cases in the context of immigration law, listening to the testimony of both parties and deciding if the respondent should or should not be removed from the United States. On the other hand, an immigration officer is an official with the U.S. Customs and Border Protection (CBP), a branch of the Department of Homeland Security. Immigration officers are responsible for overseeing the admission and removal of individuals from the United States at land, air, and sea ports of entry. They are the first government officials to interface with individuals seeking entry to the United States and can grant admission or deny the request. Immigration officers also work with other offices to ensure compliance with immigration laws. In California, both an immigration judge and an immigration officer are influential in the decision to deport an individual. Immigration officers will first determine eligibility and advisability of entry to the United States at a port of entry, while an immigration judge will ultimately decide whether to grant or deny the individual entry and will order deportation if necessary.
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