The Office of the Chief Administrative Hearing Officer (OCAHO) has jurisdiction over three types of cases arising under the Immigration and Nationality Act (INA), including those involving allegations of: (1) knowingly hiring, recruiting, or referring for a fee or the continued employment of unauthorized aliens, failure to comply with employment verification requirements, and requiring indemnity bonds from employees in violation of section 274A of the INA (employer sanctions); (2) immigration-related unfair employment practices in violation of section 274B of the INA; and (3) immigration-related document fraud in violation of 274C of the INA. OCAHO is headed by a Chief Administrative Hearing Officer who provides overall program direction, articulates policies and procedures, establishes priorities, and administers the hearing process presided over by Administrative Law Judges (ALJs). The Chief Administrative Hearing Officer also reviews decisions and orders issued by OCAHO ALJs in cases arising under sections 274A and 274C of the INA, and may modify, vacate or remand those decisions and orders.
The ALJs hold hearings and related administrative proceedings and render decisions on cases assigned to them concerning the four areas listed above. The ALJs may impose sanctions and penalties as prescribed by law, issue cease and desist orders, award attorney’s fees, and, in the case of immigration-related unfair employment practices, award back pay. The Chief Administrative Hearing Officer also certifies, as having received the requisite training in employment discrimination matters, ALJs who hear cases regarding the imposition of penalties against employers who discriminate against any individual--other than an unauthorized alien--in employment-related situations because of that individual’s national origin or citizenship status.
The provisions of section 274A of the INA apply to all employers in the United States with regard to all employees hired, recruited, or referred after November 6, 1986, the date of enactment of the Immigration Reform and Control Act.
Robin M. Stutman
Chief Administrative Hearing Officer
Robin M. Stutman became Chief Administrative Hearing Officer in March 2012. Ms. Stutman received a bachelor of arts degree in 1978 from the State University of New York at Stony Brook and a juris doctorate in 1982 from the University of California, Los Angeles, School of Law. She was appointed as the Executive Office for Immigration Review’s General Counsel in August 2009. From 1987 to August 2009, Ms. Stutman served in the Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division, Department of Justice (DOJ), as a special litigation counsel, supervisory attorney, and senior trial attorney. From 1986 to 1987, she was in private practice. From 1982 to 1986, Ms. Stutman worked as a trial attorney in the Federal Programs Branch, Civil Division, DOJ, entering on duty through the Attorney General’s Honors Program. From January to May 1981, she served as an intern to the Honorable Joyce Hens Green, U.S. District Court for the District of Columbia. Ms. Stutman is a member of the District of Columbia bar.