[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 314 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 314

   To increase the number of Federal judgeships in certain judicial 
     districts with heavy caseloads of criminal immigration cases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2009

 Mr. Cuellar introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To increase the number of Federal judgeships in certain judicial 
     districts with heavy caseloads of criminal immigration cases.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Criminal Immigration Courts 
Act of 2009''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Based on the recommendations made by the 2007 
Judicial Conference and the statistical data provided by the 2006 
Federal Court Management Statistics (issued by the Administrative 
Office of the United States Courts), the Congress finds the following:
            (1) Federal courts along the southwest border of the United 
        States have a greater percentage of their criminal caseload 
        affected by immigration cases than other Federal courts.
            (2) The percentage of criminal immigration cases in most 
        southwest border district courts totals more than 49 percent of 
        the total criminal caseloads of those districts.
            (3) The current number of judges authorized for those 
        courts is inadequate to handle the current caseload.
            (4) Such an increase in the caseload of criminal 
        immigration filings requires a corresponding increase in the 
        number of Federal judgeships.
            (5) The 2007 Judicial Conference recommended the addition 
        of judgeships to meet this growing burden.
            (6) The Congress should authorize the additional district 
        court judges necessary to carry out the 2007 recommendations of 
        the Judicial Conference for district courts in which the 
        criminal immigration filings represented more than 49 percent 
        of all criminal filings for the 12-month period ending 
        September 30, 2006.
    (b) Purpose.--The purpose of this Act is to increase the number of 
Federal judgeships, in accordance with the recommendations of the 2007 
Judicial Conference, in district courts that have an extraordinarily 
high criminal immigration caseload.

SEC. 3. ADDITIONAL DISTRICT COURT JUDGESHIPS.

    (a) Permanent Judgeships--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate--
                    (A) 4 additional district judges for the district 
                of Arizona;
                    (B) 1 additional district judge for the district of 
                New Mexico;
                    (C) 2 additional district judges for the southern 
                district of Texas; and
                    (D) 1 additional district judge for the western 
                district of Texas.
            (2) Conforming amendments.--In order that the table 
        contained in section 133(a) of title 28, United States Code, 
        reflect the number of additional judges authorized under 
        paragraph (1), such table is amended--
                    (A) in the item relating to Arizona, by striking 
                ``12'' and inserting ``16'';
                    (B) in the item relating to New Mexico, by striking 
                ``6'' and inserting ``7'';
                    (C) in the item relating to Texas--
                            (i) by striking ``19'' and inserting ``21'' 
                        and;
                            (ii) by striking ``13'' and inserting 
                        ``14''.
    (b) Temporary Judgeships.--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate--
                    (A) 1 additional district judge for the district of 
                Arizona; and
                    (B) 1 additional district judge for the district of 
                New Mexico.
            (2) Vacancy not filled.--For each of the judicial districts 
        named in this subsection, the first vacancy arising on the 
        district court 10 years or more after a judge is first 
        confirmed to fill the temporary district judgeship created in 
        that district by this subsection shall not be filled.
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