In 1903, Congress moved immigration functions from the Treasury to the newly created Department of Commerce and Labor.

These reforms significantly increased the number of administrative appeals filed by immigrants and the complexity of each case.

The Secretary of Labor established a Board of Review to handle the increased caseload and recommend decisions.

The role of special inquiry officers was further formalized in 1973, when a new regulation renamed them "immigration judges" and granted them the power to wear judicial robes.

The BIA retained its power to decide immigration appeals and establish precedents.

[7] The Homeland Security Act of 2002 further clarified EOIR's powers by formally separating it from the INS and codifying the Attorney General's supervisory authority.

The Act also abolished the INS and transferred its functions to the newly created Department of Homeland Security.

[12] BIA precedent decisions are legally binding on all components of the Department of Homeland Security (DHS).

However, non-attorneys must be part of a BIA-recognized organization (generally a nonprofit), and also have obtained BIA accreditation as individuals.