Identity, Institutions, and Decision-Making in U.S. Immigration Courts Restricted; Files Only
Heridia, Sara (Summer 2026)
Abstract
This dissertation examines how immigrant identities shape the behavior of judges within the U.S. immigration court system. Across three papers, I examine how identities and institutions interact to shape judicial decision-making as well as the staffing of courts.
The first paper examines how immigrant background influences immigration judge decision-making under varying levels of discretion. While prior research suggests that judges with immigrant identities ought to make decisions that are favorable to immigrants, I argue that the hierarchical structure of immigration courts limits judicial independence and constrains the extent to which judges can engage in permissive decision-making. Using an original dataset on immigration judge backgrounds, I analyze two consequential decisions: continuances and relief from deportation. I leverage the policy of two-year probationary periods to assess variation in hierarchical constraints. I find that judges with immigrant backgrounds are more likely to grant continuances outside their probationary periods, where discretion is greater, but that immigrant background has no significant effect inside probationary periods, where discretion is more constrained. I find no conclusive evidence for relief decisions.
The second paper examines how the selection of immigration judges shapes the composition of the court. I argue that administrations rely on professional background as a heuristic for both competence and ideological alignment when appointing judges, but that these signals are imperfect. Using a mixed-methods design that combines original biographical data with interviews of immigration judge applicants and retired judges, I show that professional backgrounds vary systematically across administrations, but do not map cleanly onto ideological orientations. Interviews reveal that legal career pathways are shaped not only by ideological preferences but also by personal experiences with immigration, leading to a pool of candidates whose backgrounds do not map perfectly onto ideology. As a result, the selection process produces a judiciary that is both demographically diverse and less ideologically predictable than administrations intend, particularly for Republican administrations.
The third paper examines how the effect of immigrant identity on immigration judge decision-making varies across judge racial identity. I argue that immigrant incorporation in the United States is structured by racial hierarchy, producing heterogeneous attachments to immigrant identity across racial groups. As a result, immigrant background does not produce a uniform orientation toward cases. Using an original dataset on judge backgrounds, I show that judicial behavior varies across racial groups and becomes particularly divergent in contexts where identity is more salient, such as when judges and respondents are co-ethnics. These findings demonstrate that immigrant identity operates through multiple, context-dependent mechanisms rather than as a homogeneous predictor of behavior.
Table of Contents
1 Introduction
1.1 Identity and Institutions
1.2 Why Immigration Courts?
1.3 Dissertation Overview
1.4 Contributions and Future Directions
2 Finding Echoes: Judicial Behavior Among Judges with Family Immigration Histories
2.1 Introduction
2.2 Related Literature
2.3 Judicial Behavior in the Immigration Courts
2.4 Data and Methods
2.5 Results
2.6 Discussion
3 Loyalty, Competence, and Diversity: Judicial Selection of U.S. Im-
migration Judges
3.1 Introduction
3.2 Political Control through Bureaucratic Staffing
3.3 Immigration Judge Hiring
3.4 Theoretical Model of Selection
3.5 Empirical Expectations
3.6 Data and Measurement
3.7 Hiring and the Professional Backgrounds of IJs
3.8 The Backgrounds and Preferences of IJs
3.9 Discussion
4 Race, Immigration, and Judicial Behavior
4.1 Introduction
4.2 Understanding Judge Identities and Decision-Making
4.3 Immigration, Race, and Behavior
4.4 IJ Background and Adjudication Data
4.5 Methods
4.6 Results
4.7 Discussion
A Appendix for Finding Echoes
B Appendix for Loyalty, Competence, and Diversity
C Appendix for Race, Immigration, and Judicial Behavior
Bibliography
About this Dissertation
| School | |
|---|---|
| Department | |
| Degree | |
| Submission | |
| Language |
|
| Research Field | |
| Keyword | |
| Committee Chair / Thesis Advisor | |
| Committee Members |
Primary PDF
| Thumbnail | Title | Date Uploaded | Actions |
|---|---|---|---|
|
|
File download under embargo until 20 August 2027 | 2026-07-07 17:20:06 -0400 | File download under embargo until 20 August 2027 |
Supplemental Files
| Thumbnail | Title | Date Uploaded | Actions |
|---|