Under which branch of government do immigration courts operate?

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Immigration courts operate under the Executive branch of government. This is because immigration courts are part of the Department of Justice, which falls under the Executive branch led by the President. The primary function of immigration courts is to adjudicate cases related to immigration violations, including asylum applications, deportation proceedings, and other legal status issues.

The judges in these courts, known as immigration judges, are appointed by the Executive branch, specifically by the Attorney General. This establishes a direct connection to the Executive branch's role in enforcing immigration laws and policies. The immigration court system is structured to serve the administrative function of the Executive branch, dealing with enforcement and interpretation of immigration laws rather than creating or legislating those laws, which is the function of the Legislative branch.

Additionally, while it might be tempting to associate immigration courts with the Judicial branch due to their role in adjudication, they do not function as an independent judiciary in the same sense as federal or state courts. Instead, they are specialized courts intended to administer laws set by the Legislative branch within the framework established by the Executive branch.

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