Most people don't spend their Friday nights thinking about the Executive Office for Immigration Review. Honestly, why would you? It’s a niche corner of the Department of Justice (DOJ) that handles the massive, often overwhelming world of immigration courts. But if you’ve followed the legal battles over the U.S. border or the inner workings of the federal government lately, you’ve likely run into the name James R. McHenry III.
He’s a bit of a survivor.
McHenry has navigated multiple administrations, spanning from the early 2000s through the high-intensity Trump years and into the Biden era. It’s a career path that basically tracks the most turbulent periods of American immigration policy. He isn't just a bureaucrat; he’s been the guy holding the levers during some of the most controversial shifts in how our country decides who gets to stay and who has to leave.
The Long Road to the Top
James R. McHenry III didn't just stumble into the DOJ. He’s what you might call an "insider’s insider." He kicked things off through the Attorney General’s Honors Program back in 2003. Think of that as the "Ivy League" track for young government lawyers. He started as a judicial law clerk in Buffalo and eventually moved up to an attorney advisor role in Baltimore.
He didn't stay in one spot. He sort of hopped around the system, gaining a view of the machinery from every angle. He spent time at Immigration and Customs Enforcement (ICE) as an Assistant Chief Counsel and later a Senior Attorney. He was the lead on some heavy-hitting stuff: national security, denaturalization, and gang cases. You don’t get those assignments unless the higher-ups trust your legal chops.
By 2014, he’d transitioned into the role of an Administrative Law Judge (ALJ) for the Social Security Administration. It’s a different vibe, sure, but it gave him the "Judge" title and a deeper understanding of administrative hearings. Then, the 2016 election happened. Everything changed for the DOJ, and McHenry was right in the middle of it.
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Running the EOIR Under Fire
In May 2017, Attorney General Jeff Sessions tapped McHenry to be the Acting Director of the EOIR. By January 2018, the "Acting" was gone, and he was the permanent Director. This was a wild time to be in charge. The immigration court backlog was exploding, and the administration was pushing a "zero-tolerance" policy.
Under McHenry’s watch, the EOIR moved fast.
He was tasked with implementing "common-sense improvements"—at least, that’s how the DOJ phrased it. In practice, this meant setting case-completion quotas for immigration judges. Imagine being a judge and having a dashboard telling you you're not moving fast enough. It didn't go over well with everyone. The National Association of Immigration Judges (NAIJ) was, to put it mildly, not a fan. They argued these quotas undermined judicial independence and prioritized speed over due process.
McHenry was also the face of rules that restricted asylum eligibility. Advocates and lawyers blamed him for turning the courts into a "deportation machine." He saw it differently. To him, it was about efficiency. He often spoke about reducing the backlog, which had doubled in the decade before he took over. He wanted a system that actually functioned, even if that meant making some very unpopular decisions.
The 2021 Pivot and the 2025 Return
When the Biden administration took over in 2021, most people expected McHenry to be shown the door immediately. That’s usually how these things go with political appointees. But McHenry is a bit of a "policy wonk" who knows the statutes better than almost anyone else.
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He stepped down as EOIR Director on January 31, 2021, but he didn't leave the building.
He transitioned into the role of Chief Administrative Hearing Officer (CAHO). It’s a less public role, focusing on employer sanctions and document fraud, but it kept him inside the DOJ. He stayed there for years, a rare bridge between two very different administrations.
Fast forward to January 2025. With Donald Trump returning to the White House, McHenry’s stock shot up again. On January 20, 2025, he was named Acting Attorney General of the United States.
It was a temporary gig—a "placeholder" until Pam Bondi could be confirmed by the Senate—but it was a massive moment. For those two weeks, James R. McHenry III was the highest-ranking law enforcement officer in the country. During that brief window, he was already catching heat from groups like the ACLU. They were worried about internal guidance suggesting the DOJ could prosecute local officials who didn't help with immigration enforcement. It was classic McHenry: right in the center of the storm, moving the gears of policy.
What Most People Get Wrong
People tend to put McHenry in a box. If you like the Trump administration’s policies, he’s a hero of efficiency. If you don't, he’s a villain of the "deep state" or a partisan operative. Honestly, the reality is probably more boring and more complex.
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He’s a Vanderbilt Law grad with a Master’s in political science. He’s someone who deeply believes in the administrative state and the power of the Executive Branch to set policy. Whether he’s acting as a judge, a director, or the Acting Attorney General, his focus has always been on the execution of the law as defined by his bosses.
You’ve got to understand: immigration courts aren't like regular courts. They aren't part of the Judicial Branch (Article III). They are part of the Executive Branch (Article II). That means the Attorney General is effectively the "Chief Judge." McHenry’s career has been built on navigating that specific, awkward reality where law meets politics.
Practical Insights for 2026
If you're dealing with the immigration system today, or if you're just a student of how the U.S. government functions, McHenry’s career offers a few real-world takeaways.
- Policy is Personnel: Who runs the EOIR matters more than almost any individual law. The Director has the power to set the pace and the priorities of the entire court system.
- Administrative Power is Sticky: Even when an administration changes, "career" officials and technical experts like McHenry often remain in high-level roles because they understand the plumbing of the system.
- The Backlog is the Story: Every move McHenry made was justified by the backlog. As long as there are millions of cases pending, whoever is in charge will use "efficiency" as a reason to tighten rules.
To stay ahead of how these leadership changes impact the legal landscape, keep a close eye on the Office of the Chief Administrative Hearing Officer (OCAHO) and the latest EOIR Policy Memoranda. These documents, often signed by people like McHenry, are where the "rubber meets the road" for thousands of people waiting for their day in court.