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The United States immigration courts, immigration judges, and the Board of Immigration Appeals, which hears appeals from them, are part of the Executive Office for Immigration Review (EOIR) within the United States Department of Justice. (USCIS is part of the Department of Homeland Security.) [7]
Historically, immigration to the United States has been regulated through a series of Naturalization Acts and Immigration Acts. Since 2003, the Department of Homeland Security has been responsible for carrying out immigration policy in the United States, and the department has three agencies that oversee immigration.
The INS was established on June 10, 1933, merging these previously separate areas of administration. In 1890, the federal government, rather than the individual states, regulated immigration into the United States, [3] and the Immigration Act of 1891 established a Commissioner of Immigration in the Treasury Department.
In 1921, the United States Congress passed the Emergency Quota Act, which established national immigration quotas limiting immigration from the Eastern Hemisphere. The quota for each country was derived by calculating 3 percent of the number of foreign-born residents of each nationality who were living in the United States as of the 1910 census .
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
The second program was OP-1, run through a lottery from 1989 to 1991 and available for natives of countries with low levels of recent immigration to the United States. [ 1 ] [ 2 ] The third program, AA-1, from 1992 to 1994, was available for natives from a select group of countries that had been "adversely affected" by earlier immigration laws.