[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5094 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5094
To establish, under Article I of the Constitution of the United States,
a court of record, which shall be known as the United States
Immigration Courts.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2026
Mrs. Gillibrand (for herself, Mr. Durbin, Mr. Van Hollen, Mr.
Blumenthal, Mr. Merkley, Mr. Schatz, Mr. Schiff, Mr. Wyden, Ms.
Duckworth, Mr. Markey, and Mr. Kim) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish, under Article I of the Constitution of the United States,
a court of record, which shall be known as the United States
Immigration Courts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Real Courts, Rule
of Law Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment and structure of the United States Immigration
Courts.
Sec. 3. Employees.
Sec. 4. Budget and expenditures.
Sec. 5. Annual report.
Sec. 6. Application date; transitional provisions.
Sec. 7. Institutional transfer; continuity of proceedings.
Sec. 8. Review by the Judicial Conference; consultation requirements.
Sec. 9. Technical and conforming provisions.
SEC. 2. ESTABLISHMENT AND STRUCTURE OF THE UNITED STATES IMMIGRATION
COURTS.
(a) United States Immigration Courts.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by adding at the end
the following:
``TITLE VI--UNITED STATES IMMIGRATION COURTS
``Subtitle A--Organization and Jurisdiction
``SEC. 601. ESTABLISHMENT AND STRUCTURE.
``(a) Establishment.--
``(1) In general.--There is established, under Article I of
the Constitution of the United States, a system of courts of
record, which shall be known as the `United States Immigration
Courts' (referred to in this title as the `Immigration
Courts'). Each such court of record may be referred to as an
`immigration court'. The Immigration Courts is not an agency
of, and shall be independent of, the executive branch of the
United States Government.
``(2) Divisions.--The Immigration Courts shall consist of
an appellate division, a trial division, and an administrative
division.
``(3) Court offices.--The principal office of the
Immigration Courts shall be in the Washington, District of
Columbia metropolitan area, but each immigration court may sit
at any place within the United States.
``(4) Court seal.--The Immigration Courts shall have a
seal, which shall be judicially noticed.
``(b) Appellate Division.--
``(1) In general.--The appellate division of the
Immigration Courts shall be composed of 21 immigration appeals
judges, 1 of whom shall serve as chief judge, in accordance
with paragraph (3).
``(2) Appointment of immigration appeals judges.--
``(A) In general.--Each immigration appeals judge
shall be appointed by the President, by and with the
advice and consent of the Senate, in accordance with
the requirements under section 602.
``(B) Term of office.--Each immigration appeals
judge shall be appointed for a term of 15 years and may
be reappointed for additional 15-year terms. An
immigration appeals judge who is not reappointed for an
additional term may continue to serve after the
expiration of the prior term until the earlier of--
``(i) the date on which his or her
successor is appointed; or
``(ii) the date that is 1 year after the
expiration of the prior term.
``(C) Special rule.--If an immigration appeals
judge does not serve the entirety of an appointed term,
the resulting vacancy shall be filled by a successor
appointed for the remainder of the term in accordance
with this paragraph. At the conclusion of such term,
such successor may be reappointed in accordance with
subparagraph (B).
``(3) Chief judge.--
``(A) Designation.--
``(i) In general.--The chief judge shall be
the immigration appeals judge who is most
senior in appointment among the immigration
appeals judges who, at that time of appointment
to the appellate division--
``(I) have served for 1 or more
years;
``(II) have at least 5 years
remaining in their term of office as an
immigration appeals judge; and
``(III) have not previously served
as chief judge.
``(ii) Acting chief judge.--If no
immigration appeals judge in regular active
service satisfies all of the requirements under
clause (i), the immigration appeals judge who
is most senior in commission and who has not
previously served as chief judge shall serve as
acting chief judge until an immigration appeals
judge becomes eligible under such clause.
``(iii) Precedence.--Immigration appeals
judges who have the same seniority in
commission shall be eligible for service as
chief judge according to seniority in age.
``(B) Term of office.--
``(i) In general.--Except as provided in
clause (ii), the chief judge shall serve a term
that shall end on the earliest of--
``(I) the date that is 5 years
after the date such term begins;
``(II) the date on which the chief
judge is removed from service for cause
in accordance with section 602(f);
``(III) the date on which the chief
judge leaves regular active service as
an immigration appeals judge; and
``(IV) the date on which the chief
judge provides written notice to the
other immigration appeals judges that
such judge is resigning from service as
chief judge.
``(ii) Continuation of service.--If, upon
conclusion of the chief judge's term of office,
as described in clause (i)(I), no other
immigration appeals judge is eligible to assume
the role of chief judge, as provided under
subparagraph (A), the incumbent shall continue
to serve as chief judge until another
immigration appeals judge becomes eligible.
``(4) En banc exercise of appellate division authority in
non-adjudicative matters.--
``(A) In general.--The appellate division shall
exercise its en banc authority--
``(i) to appoint immigration trial judges
to the trial division;
``(ii) to remove immigration trial judges
in accordance with section 602(f);
``(iii) to appoint a chief administrative
officer to the administrative division;
``(iv) to promulgate rules and set policies
and procedures of the Immigration Courts; and
``(v) to address other non-adjudicative
matters that require en banc consideration, as
determined by the chief judge.
``(B) Majority vote.--The appellate division shall
exercise its en banc authority as provided under
subparagraph (A) by a majority vote, a quorum being
present.
``(C) Quorum.--For purposes of this paragraph, not
fewer than 3 immigration appeals judges in regular
active service or \2/3\ of all immigration appeals
judges in regular active service, whichever is greater,
shall constitute a quorum.
``(c) Trial Division.--
``(1) In general.--The trial division of the Immigration
Courts shall be composed of immigration trial courts, the
number and geographical location of which shall be determined
by the administrative council, in accordance with the
procedures described in subsection (d)(3)(B). Each immigration
trial court shall be overseen by a chief trial judge.
``(2) Appointment of immigration trial judges.--
``(A) In general.--Except as provided in section
603, each immigration trial judge shall be appointed by
the appellate division in accordance with the
requirements described in section 602.
``(B) Term of office.--Each immigration trial judge
shall be appointed for a term of 15 years and may be
reappointed for additional 15-year terms. An
immigration trial judge who is not reappointed for an
additional term may continue to serve after the
expiration of the prior term until the earlier of--
``(i) the date on which a successor is
appointed; or
``(ii) the date that is 1 year after such
expiration date.
``(3) Chief trial judges.--
``(A) Designation.--The chief judge shall designate
1 immigration trial judge to serve as chief trial judge
for each geographical area. If only 1 immigration trial
judge presides over a geographical area, that judge
shall be designated as the chief trial judge for such
area.
``(B) Term of office.--Chief trial judges shall
serve in such capacity for an initial term of 5 years
and may be reappointed for additional 5-year terms, or
a period shorter than 5 years, as determined by the
appellate division.
``(C) Responsibilities.--In addition to fulfilling
regular judicial duties, chief trial judges shall--
``(i) oversee the administrative operations
of the trial division in the geographical area
in which they are located; and
``(ii) fulfill all other duties and
responsibilities assigned to trial judges under
this title or delegated to the chief trial
judges by the chief judge.
``(d) Administrative Division.--
``(1) In general.--The administrative division of the
Immigration Courts shall consist of an administrative office
and an administrative council.
``(2) Administrative office.--The administrative office
shall be managed by a chief administrative officer, who shall--
``(A) implement and administer operational rules,
policies, and procedures of the Immigration Courts
established by the appellate division or the
administrative council;
``(B) assist the administrative council in
executing the responsibilities described in paragraph
(3); and
``(C) fulfill all other administrative duties and
responsibilities described in this title or delegated
to the administrative office by the chief judge.
``(3) Administrative council.--
``(A) Meetings.--
``(i) Annual meeting.--The chief judge of
the appellate division shall annually summon
the chief trial judge of each court of the
trial division to a meeting at such time and
place in the United States as the chief judge
may designate. The chief judge shall preside at
each such meeting, which shall be known as the
administrative council of the Immigration
Courts.
``(ii) Special sessions.--Special sessions
of the administrative council may be called by
the chief judge at such times and places as the
chief judge may designate.
``(iii) Attendance.--If the chief trial
judge of any court of the trial division is
unable to attend an administrative council
meeting, the chief judge may summon any other
judge from such court. Every judge so summoned
shall attend such meeting and, unless excused
by the chief judge, shall remain in attendance
throughout all of the sessions.
``(iv) Advisory role.--Every judge in
attendance at an administrative council shall
advise the council regarding the needs of such
judge's court and any matters in which the
administration of justice in the Immigration
Courts may be improved.
``(B) Determination of number of required judges
and geographical areas of service.--
``(i) Quadrennial survey.--Not later than 1
year after the application date (as defined in
section 6(a) of the Real Courts, Rule of Law
Act of 2026), and every 4 years thereafter, the
administrative council shall conduct a survey,
which shall include the solicitation of
information and recommendations from the
public, to determine--
``(I) the number of immigration
trial courts required to provide for
the expeditious and effective
administration of justice; and
``(II) the geographical areas to be
served by such courts.
``(ii) Survey elements.--In conducting each
survey under clause (i), the administrative
council shall--
``(I) assess the continuing need
for existing immigration trial court
positions and the need for additional
positions in each geographical
location;
``(II) evaluate local conditions in
each geographical location, including
the proximity to populations to be
served, the quality and availability of
infrastructure to support
transportation and communication, and
the availability of legal services for
indigent and non-English speaking
individuals;
``(III) consider proximity and
access to judicial and Department of
Homeland Security facilities; and
``(IV) consider the allocation of
immigration trial courts and judges
among existing geographical areas and
whether the administration of justice
would be better served by the presence
of immigration trial courts and judges
in new or different areas.
``(iii) Publication of survey results.--The
administrative council shall publish the
results of the survey conducted pursuant to
clause (i).
``(iv) Notice of vacancies.--The
administrative council shall publish notice of
any immigration judge vacancies or new staff
positions.
``(C) Merit selection panel.--
``(i) Appointment of immigration judges.--
The administrative council shall establish a
merit selection panel to assist in identifying
and recommending individuals who are best
qualified to serve as immigration judges, in
accordance with subsections (a), (b), and (c)
of section 602.
``(ii) Composition.--The panel established
pursuant to clause (i) shall consist of
qualified individuals with experience in a
diverse range of settings, including academia,
nongovernmental organizations, private
immigration practice, and government service.
``SEC. 602. IMMIGRATION APPEALS JUDGES; TRIAL JUDGES.
``(a) Qualifications of Immigration Judges.--Each immigration judge
shall--
``(1) be a member in good standing of the bar of a Federal
court or the highest court of a State, or any combination of
such courts, for not less than 10 years;
``(2) possess, and have a reputation for, integrity and
good character;
``(3) possess, and have demonstrated, a commitment to equal
justice under the law;
``(4) possess, and have demonstrated, outstanding legal
ability and competence, as evidenced by substantial legal
experience, ability to deal with complex legal problems,
aptitude for legal scholarship and writing, and familiarity
with courts and court processes;
``(5) exhibit demeanor, character, and personality that
indicate a judicial temperament; and
``(6) be qualified to conduct fair and impartial hearings
that are consistent with due process.
``(b) Additional Factors for the Appointment of Immigration
Judges.--In appointing immigration judges, the President and the
appellate division shall ensure that--
``(1) qualified candidates are identified without regard to
race, color, sex, religion, national origin, disability, age,
or any other factor protected under Federal law;
``(2) to the extent practicable, the corps of immigration
judges--
``(A) is comprised primarily of individuals with
prior legal experience in immigration law; and
``(B) reflects a balance of individuals with prior
legal experience in the public sector and private
sector; and
``(3) candidates are selected without regard to political
party affiliation or perceived political ideology.
``(c) Prohibited Relationships.--No individual may be appointed as
an immigration trial judge if such individual is related by blood in
the first-, second-, or third-degree, or by marriage to an immigration
appeals judge in regular active service.
``(d) Continuing Education.--In addition to the training required
under section 603(c) of the International Religious Freedom Act of 1998
(22 U.S.C. 6473(c)), all immigration judges shall be required to
satisfy continuing education requirements, as determined by the
administrative council.
``(e) Salaries.--
``(1) Immigration appeals judges.--Each immigration appeals
judge shall serve on a full-time basis and shall receive, as
compensation for such services, an annual salary that is equal
to the salary of a judge of the district court of the United
States as determined pursuant to section 135 of title 28,
United States Code.
``(2) Immigration trial judges.--Each immigration trial
judge shall serve on a full-time basis and shall receive as
compensation for such services, an annual salary that is equal
to 92 percent of the salary of a judge of the district court of
the United States, as determined pursuant to section 135 of
title 28, United States Code.
``(3) Prohibition on the practice of law.--No immigration
judge may engage in the practice of law or any other practice,
business, occupation, or employment that is inconsistent with
the expeditious, proper, and impartial performance of such
judge's duties.
``(f) Removal.--
``(1) In general.--
``(A) Grounds.--An immigration judge may be removed
from office only on grounds of incapacity, misconduct,
neglect of duty, or having engaged in the practice of
law.
``(B) Immigration appeals judge.--An immigration
appeals judge may be removed from office by the
President.
``(C) Immigration trial judge.--An immigration
trial judge may be removed from office by the appellate
division.
``(D) Notice; rebuttal.--No immigration judge may
be removed from office unless such judge is provided
with--
``(i) notice of the allegations forming the
basis for such removal; and
``(ii) an opportunity to appear in person
at a hearing to rebut such allegations.
``(2) Complaints.--
``(A) In general.--The appellate division shall
promulgate rules, consistent with chapter 16 of title
28, United States Code, for receiving, investigating,
and resolving complaints regarding the conduct of
immigration judges. In investigating and acting upon
any such complaint, the appellate division shall have
the powers granted to a judicial council under such
chapter.
``(B) Judicial conference.--The provisions under
sections 354(b) through 360 of title 28, United States
Code, regarding referral or certification to, and
petition for review in the Judicial Conference of the
United States, and action thereon, shall apply to the
exercise of the powers of a judicial council by the
appellate division. The grounds for removal specified
in paragraph (1)(A) shall provide the basis for a
determination to refer a complaint to the Judicial
Conference, for further action by the Conference, and
for certification and transmittal by the Conference of
any complaint to the President.
``(g) Retirement.--
``(1) Mandatory.--All immigration judges shall retire upon
attaining 80 years of age.
``(2) Permissive.--Any immigration judge who meets the age
and service requirements set forth in any line of the following
table may retire.
----------------------------------------------------------------------------------------------------------------
``The immigration judge has attained the The years of service as an immigration judge are at least the
following years of age: following:
----------------------------------------------------------------------------------------------------------------
65........................................... 15
66........................................... 14
67........................................... 13
68........................................... 12
69........................................... 11
70........................................... 10.
----------------------------------------------------------------------------------------------------------------
``(3) Not reappointed.--Any immigration judge who is not
reappointed following the expiration of the term of his or her
office may retire upon the completion of such term if--
``(A) such individual has served as an immigration
judge for 15 years or more; and
``(B) not earlier than 9 months preceding the
expiration of such term of office and not later than 6
months preceding such expiration date, such individual
submitted written notice to the President or the
appellate division, as appropriate, that such
individual was willing to accept reappointment as an
immigration judge.
``(4) Permanent disability.--Any immigration judge who
becomes permanently disabled to the extent the judge is no
longer capable of performing his or her judicial duties shall
retire.
``(h) Retired Pay.--
``(1) In general.--Any individual who--
``(A) retires pursuant to paragraph (1), (2), or
(3) of subsection (g) and elects under subsection (i)
to receive retired pay under this subsection shall
receive retired pay during any period at a rate which
bears the same ratio to the rate of the salary payable
to an immigration judge during such period as the
number of years he has served as immigration judge
bears to 10, except that the rate of such retired pay
shall not be more than the rate of such salary for such
period; or
``(B) retires pursuant to subsection (g)(4) and
elects under subsection (i) to receive retired pay
under this subsection shall receive retired pay during
any period at a rate equal to--
``(i) the rate of the salary payable to an
immigration judge during such period if such
individual served as an immigration judge for
not less than 10 years; or
``(ii) \1/2\ of the rate of the salary
payable to an immigration judge during such
period if such individual served as an
immigration judge for less than 10 years.
``(2) Accrual; payment.--Retired pay for an individual
described in paragraph (1)--
``(A) shall begin to accrue on the day following
the day on which the salary of such individual as an
immigration judge ceases to accrue;
``(B) shall continue to accrue during the remainder
of the life of such individual; and
``(C) shall be paid in the same manner as the
salary of an immigration judge.
``(3) Rate computation.--In computing the rate of retired
pay for an individual described in paragraph (1)(A)--
``(A) that portion of the aggregate number of years
such individual has served as an immigration judge
which is a fractional part of 1 year shall be
eliminated if it is less than 6 months and shall be
counted as a full year if it is 6 months or more; and
``(B) any period during which such individual
performs services described in section 603 on a
substantially full-time basis shall be treated as a
period during which such individual has served as an
immigration judge.
``(i) Election To Receive Retired Pay.--
``(1) In general.--An immigration judge may elect to
receive retired pay in accordance with subsection (h).
``(2) Requirements.--An election under paragraph (1)--
``(A) may be made only while an individual is an
immigration judge, except for the election of an
individual who is not reappointed as an immigration
judge at the expiration of the individual's term of
office, which may be made on or before the day on which
the individual's successor takes office;
``(B) once made, shall be irrevocable, except as
provided in subsection (m);
``(C) by any immigration judge other than the chief
judge shall be made by filing a written notice with the
chief judge; and
``(D) by the chief judge shall be made by filing a
written notice with the Office of Personnel Management.
``(3) Transmittal.--The chief judge shall transmit a copy
of each notice filed pursuant to paragraph (2)(C) to the Office
of Personnel Management.
``(j) Retired Pay Affected in Certain Cases.--
``(1) 1-year forfeiture for failure to perform judicial
duties.--Except as provided in paragraph (3), if an individual
for whom an election to receive retired pay under subsection
(h) is in effect fails to perform judicial duties required of
such individual under section 603 during any calendar year,
such individual shall forfeit all rights to retired pay under
subsection (h) for the 1-year period which begins on the first
day on which such individual initially failed to perform such
duties.
``(2) Suspension of retired pay during period of
compensated government service.--Any individual for whom an
election to receive retired pay under subsection (h) is in
effect who accepts compensation for civil office or employment
with the Government of the United States (other than the
performance of judicial duties described in section 603) shall
forfeit all rights to retired pay under subsection (h) for the
period for which such compensation is received.
``(3) Forfeitures of retired pay not applicable if
individual elects to freeze amount of retired pay.--
``(A) In general.--If an individual makes an
election under this paragraph--
``(i) paragraph (1) and section 603 shall
not apply to such individual beginning on the
date on which such election takes effect; and
``(ii) the retired pay payable to such
individual under subsection (h) for periods
beginning on or after such effective date shall
be equal to the retired pay to which such
individual would be entitled without regard to
this clause at the time of such election.
``(B) Election.--An election under this paragraph--
``(i) may only be made by an individual who
meets the age and service requirements for
retirement set forth in the table under
subsection (g)(2);
``(ii) may only be made during the period
when such individual--
``(I) may make an election to
receive retired pay; or
``(II) is receiving retired pay;
and
``(iii) shall be made in the same manner as
the election to receive retired pay.
``(C) Effective date.--An election made pursuant to
this paragraph shall take effect on the first day of
the first month following the month in which such
election is made.
``(k) Coordination With Civil Service Retirement.--
``(1) General rule.--Except as otherwise provided in this
subsection, the provisions of the civil service retirement laws
(including the provisions relating to the deduction and
withholding of amounts from basic pay, salary, and
compensation) shall apply in respect of service as an
immigration judge (together with other service as an officer or
employee to whom such civil service retirement laws apply) as
if this section had not been enacted.
``(2) Effect of electing retired pay.--If an individual has
filed an election to receive retired pay under subsection (h)--
``(A) no annuity or other payment shall be payable
to any person under the civil service retirement laws
with respect to any service performed by such
individual (whether performed before or after such
election is filed and whether performed as an
immigration judge or otherwise);
``(B) no deduction for purposes of the Civil
Service Retirement and Disability Fund shall be made
from retired pay payable to such individual under
subsection (h) or from any other salary, pay, or
compensation payable to such individual, for any period
beginning after the day on which such election is
filed; and
``(C) such individual shall be paid the lump-sum
credit computed under section 8331(8) of title 5,
United States Code, upon making an application for such
payment with the Office of Personnel Management.
``(l) Retirement for Disability.--
``(1) Certification.--An immigration judge who becomes
permanently disabled to the extent the judge is no longer
capable of performing his or her judicial duties shall submit a
written certification of such disability to the President, or
to the appellate division, as applicable. If the chief judge
retires as a result of such disability, such retirement shall
not take effect until the President concurs with such
retirement.
``(2) Declaration.--If an immigration judge who becomes
permanently disabled, as described in paragraph (1), does not
retire and the President or the appellate division, as
applicable, determines that such immigration judge is unable to
efficiently perform all his or her judicial duties by reason of
permanent mental or physical disability and the appointment of
an additional immigration judge is necessary for the efficient
dispatch of business, the President or the appellate division,
as applicable, shall declare such immigration judge to be
retired.
``(m) Revocation of Election To Receive Retired Pay.--
``(1) In general.--Notwithstanding subsection (i)(2), an
individual who has filed an election to receive retired pay
under subsection (h) may revoke such election at any time
before the first day on which retired pay (or compensation
under section 603 in lieu of retired pay) would (but for such
revocation) begin to accrue with respect to such individual.
``(2) Manner of revoking.--Any revocation under this
subsection shall be made by filing a written notice with the
Director of the Office of Personnel Management, which shall
transmit a copy of each notice filed under this subsection to
the chief judge.
``(3) Effect of revocation.--If an individual revokes an
election pursuant to paragraph (1)--
``(A) the individual shall be treated, for purposes
of this section, as not having filed an election to
receive retired pay under subsection (h);
``(B) no credit shall be allowed for any service as
an immigration judge unless, with respect to such
service--
``(i) there has been deducted and withheld
the amount required by the civil service
retirement laws; or
``(ii) there has been deposited in the
Civil Service Retirement and Disability Fund an
amount equal to the amount so required, with
interest;
``(C) the Immigration Courts shall deposit into the
Civil Service Retirement and Disability Fund an amount
equal to the additional amount that would have been
contributed to such Fund absent the election under
subsection (i); and
``(D) service on the Immigration Courts shall be
treated as service with respect to which deductions and
contributions had been made during the period of
service.
``(n) Thrift Savings Plan.--
``(1) Election to contribute.--
``(A) In general.--An immigration judge may elect
to contribute to the Thrift Savings Plan established
under section 8437 of title 5, United States Code.
``(B) Period of election.--An election may be made
pursuant to subparagraph (A) only during a period
provided under section 8432(b) of such title for
individuals subject to chapter 84 of such title.
``(2) Applicability of title 5 provisions.--Except as
otherwise provided under this subsection, the provisions of
subchapters III and VII of chapter 84 of title 5, United States
Code, shall apply with respect to an immigration judge who
makes an election pursuant to paragraph (1).
``(3) Special rules.--
``(A) Amount contributed.--The amount contributed
by an immigration judge to the Thrift Savings Plan in
any pay period may not exceed the maximum percentage of
such immigration judge's basic pay for such period as
allowable under section 8440f of title 5, United States
Code. Basic pay does not include any retired pay paid
pursuant to this section.
``(B) Contributions for benefit of immigration
judge.--No contributions may be made for the benefit of
an immigration judge under section 8432(c) of title 5,
United States Code.
``(C) Applicability of section 8433(b) of title 5
whether or not immigration judge retires.--Section
8433(b) of title 5, United States Code, shall apply
with respect to an immigration judge who--
``(i) makes an election described in
paragraph (1); and
``(ii)(I) retires pursuant to subsection
(g); or
``(II) ceases to serve as an immigration
judge without retiring pursuant to subsection
(g).
``(D) Effect of retirement on federal employees'
retirement system.--Retirement under subsection (g)
shall be deemed as a separation from service for
purposes of subchapters III and VII of chapter 84 of
title 5, United States Code.
``(E) Applicability of section 8351(b)(5) of title
5.--The provisions of section 8351(b)(5) of title 5,
United States Code, shall apply with respect to an
immigration judge who makes an election under paragraph
(1).
``(F) Exception.--Notwithstanding subparagraphs (C)
and (D), if any immigration judge retires under this
section, or resigns without having met the age and
service requirements set forth in subsection (g)(2),
and such immigration judge's nonforfeitable account
balance is less than the amount that the Executive
Director of the Federal Retirement Thrift Investment
Board prescribes by regulation, the Executive Director
shall pay the nonforfeitable account balance to the
participant in a single payment.
``SEC. 603. TEMPORARY IMMIGRATION JUDGES AND COURT FACILITIES.
``(a) In General.--Subject to subsection (c), if the administrative
council determines, based on specific and credible facts, that the
current resources of the Immigration Courts are insufficient for the
expeditious and effective administration of justice, the appellate
division may exercise its authority, en banc--
``(1) to appoint temporary immigration trial judges, which
appointments shall be undertaken in accordance with section
602, to the extent practicable;
``(2) to recall retired immigration trial judges or
immigration appeals judges described in subsection (b); and
``(3) to establish temporary court facilities in designated
geographic areas.
``(b) Recall of Retired Judges.--
``(1) Eligibility.--A retired immigration judge may be
recalled for service if the judge provides to the clerk of the
Immigration Courts written notice that the judge is willing to
be recalled for service in accordance with this subsection.
``(2) Authority of recalled judges.--An immigration judge
who is recalled to serve as an immigration appeals judge or an
immigration trial judge--
``(A) may exercise all of the judicial powers and
duties of such judges in regular active service, except
as specifically provided in this subtitle; and
``(B) shall not be counted for purposes of
subsection (b)(1) or (c)(2) of section 601.
``(3) Compensation.--An immigration judge who is recalled
for service under this subsection shall be paid at the rate of
pay in effect under section 602(e) for the position at the time
of such recall, less the amount of the judge's retirement
annuity, if any.
``(4) Effect on civil service retirement.--
``(A) In general.--Except as provided in subsection
(d), an immigration judge who retired under chapter 83
or 84 of title 5, United States Code, and is recalled
for service shall be considered to be a reemployed
annuitant under such chapters.
``(B) Savings provision.--Nothing in this
subsection may be construed to affect the right of an
immigration judge who retired under chapter 83 or 84 of
title 5, United States Code, to serve as a reemployed
annuitant in accordance with the applicable provisions
of title 5, United States Code.
``(c) Reporting Requirements.--
``(1) Initial report.--Before exercising the authority
described in subsection (a), the appellate division shall
submit a report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives that includes--
``(A) the specific and credible facts that led to
the determination that additional court resources are
required;
``(B) an assessment regarding the number of
temporary immigration judges or court facilities that
are required; and
``(C) an estimate regarding the length of the
period during which the appellate division expects the
immigration judges or court facilities described in
subsection (a) to remain in place.
``(2) Additional reporting.--Not later than 30 days after
exercising the authority under subsection (a) and every 30 days
thereafter while such additional judges or facilities are in
place, the appellate division shall submit a report to the
congressional committees referred to in paragraph (1) regarding
the current status of the Immigration Courts and the continuing
need for such temporary immigration judges or court facilities.
``(3) Reduction in resources and termination.--
``(A) Gradual reduction in resources.--
Notwithstanding section 602(g), the appellate division,
exercising its authority en banc in accordance with
section 601(b)(4), shall terminate the appointment of
any temporary immigration judges and close any
temporary court facilities that the appellate division,
in consultation with the administrative council,
determines are no longer required.
``(B) Termination.--All temporary immigration judge
appointments shall be rescinded and all temporary court
facilities shall be closed upon the earliest of--
``(i) the date on which the appellate
division determines, in consultation with the
administrative council, that regular court
resources are sufficient to resume normal court
operations;
``(ii) the date on which Congress passes a
concurrent resolution directing that such
actions be taken; or
``(iii) 210 days after the date on which
the appellate division submits its initial
report pursuant to paragraph (1), unless
Congress enacts a law that extends such 210-day
period.
``SEC. 604. JURISDICTION.
``(a) Appellate Division Jurisdiction.--
``(1) In general.--The appellate division of the
Immigration Courts shall have jurisdiction over--
``(A) appeals of immigration trial judge decisions
described in section 625(c);
``(B) appeals of decisions by the Secretary of
Homeland Security regarding petitions filed pursuant to
section 204 to classify an alien described in section
201(b)(2)(A)(i) or 203(a); and
``(C) original proceedings and appeals in
disciplinary matters concerning attorneys and
practitioners before the Immigration Courts.
``(2) Savings provision.--In addition to the matters
described in paragraph (1), the appellate division shall have
jurisdiction to hear and decide all other matters over which
the Board of Immigration Appeals had authority on the day
before the application date (as defined in section 6(a) of the
Real Courts, Rule of Law Act of 2026).
``(b) Trial Division Jurisdiction.--
``(1) In general.--The trial division of the Immigration
Courts shall have original jurisdiction over--
``(A) removal proceedings described in sections 238
and 240;
``(B) review of rescissions of lawful permanent
residence under section 246;
``(C) review of credible fear determinations under
section 235 and reasonable fear determinations for
aliens subject to reinstated orders of removal under
section 241;
``(D) review of--
``(i) applications for asylum referred by
the Secretary of Homeland Security if the
applicant is barred from being placed in
removal proceedings under section 240; and
``(ii) referrals for protection under
section 241(b)(3) or the Convention against
Torture and Other Cruel, Inhuman, or Degrading
Treatment of Punishment, done at New York
December 10, 1984, if the individual is not in
removal proceedings and is barred from asylum
under title II;
``(E) determinations relating to bond, custody, or
the detention of any alien in the custody of the
Department of Homeland Security;
``(F) determinations regarding whether
administrative actions arising from applications or
petitions filed by or on behalf of the alien and that
are pending during the course of the alien's removal
proceedings under section 240 have been unlawfully
withheld or unreasonably delayed; and
``(G) disciplinary matters concerning attorneys and
practitioners before the Immigration Courts.
``(2) Savings provision.--In addition to the matters
described in paragraph (1), the trial division shall have
jurisdiction to hear and decide all other matters over which
immigration judges had authority on the day before the
application date (as defined in section 6(a) of the Real
Courts, Rule of Law Act of 2026).
``Subtitle B--Procedure and Appellate Review
``SEC. 621. PROCEEDINGS.
``(a) Trial Division Proceedings.--
``(1) In general.--Except as provided in section 604(a),
all proceedings before the Immigration Courts shall originate
in the trial division. Proceedings before the trial division
shall be heard and decided by a single immigration trial judge,
with matters assigned to such judges in a manner determined by
the appellate division.
``(2) Authority of trial division.--In presiding over
matters before the trial division, immigration trial judges
may--
``(A) record and receive evidence, administer
oaths, examine and cross-examine witnesses, set
deadlines, and render findings of fact and conclusions
of law;
``(B) render decisions on respondents' prima facie
and discretionary eligibility for relief from removal;
and
``(C) order and take depositions, issue subpoenas
requiring the attendance and testimony of witnesses and
the production of documents or other evidence, and
order responses to written interrogatories.
``(b) Appellate Division Proceedings.--
``(1) In general.--Except as provided by rules established
by the appellate division, proceedings before the appellate
division shall be heard and decided by immigration appeals
judges sitting in panels of 3 such judges or en banc, and
decisions shall be made by majority vote. Any decision of a
panel may be reconsidered by the court sitting en banc.
``(2) Precedence in appellate division.--The chief judge of
the Immigration Courts shall have precedence and preside at any
session of the appellate division that such judge attends.
Other immigration appeals judges shall have precedence and
preside in the appellate division according to the seniority of
their original commissions and, for judges whose commissions
bear the same date, according to seniority in age.
``(c) Contempt Authority.--
``(1) In general.--Immigration judges shall have the
authority to sanction, by civil money penalty, any individual
whose action or inaction obstructs the administration of
justice or is otherwise in contempt of the lawful authority of
such judge or the Immigration Courts.
``(2) Notice.--No individual may be sanctioned for contempt
under paragraph (1) without first receiving notice of the
charges and an opportunity to rebut such charges.
``(d) Assistance to the Court.--
``(1) In general.--The Immigration Courts shall have such
assistance in carrying out its lawful writ, process, order,
rule, decree, or command, including nationwide service of a
subpoena, as is available to a court of the United States (as
defined in section 451 of title 28, United States Code).
``(2) Attendance by marshal.--The United States marshal for
a district in which the immigration trial judge is sitting, if
requested by the presiding judge, shall attend any court
proceeding in that district, and may otherwise provide, when
requested by the chief trial judge of that immigration trial
court, for the security of the immigration trial court,
including the personal protection of judges, court officers,
witnesses, and other threatened persons in the interests of
justice, where criminal intimidation impedes on the functioning
of the judicial process or any other official proceeding. The
United States Marshals Service retains final authority
regarding security requirements for the Immigration Courts.
``(e) Opinions and Orders.--
``(1) In general.--Opinions and orders of the Immigration
Courts shall be issued in accordance with rules promulgated by
the appellate division, except that decisions on the merits of
an application or request for relief from removal rendered by
the trial division or the appellate division, to the greatest
extent practicable--
``(A) shall be issued in the form of a written
opinion; and
``(B) shall include an analysis of the facts of the
case and the legal reasoning for such decision.
``(2) Precedents.--Unless subsequently modified or reversed
by the appellate division, the court of appeals for the
respective judicial circuit, or the Supreme Court, precedent
decisions of the appellate division shall be binding on all
immigration judges and all officers and employees of an
Executive agency (as defined in section 105 of title 5, United
States Code) with powers, functions, and duties under this Act
and other laws relating to the immigration and naturalization
of aliens.
``(f) Recusal of Judges.--Section 455 of title 28, United States
Code, shall apply to all immigration judges and to all proceedings of
the Immigration Courts.
``SEC. 622. IMMIGRATION COURTS RULES OF PRACTICE AND PROCEDURE.
``(a) In General.--The appellate division shall exercise its en
banc authority to promulgate rules of practice and procedure before the
trial division and the appellate division, including--
``(1) rules governing the representation of parties, which
shall--
``(A) provide for the admission of qualified
attorneys to practice before the Immigration Courts
and, as appropriate, for the admission of qualified
non-attorney representatives;
``(B) prescribe standards of practice and
professional conduct, which shall apply to all
attorneys and practitioners that appear before the
Immigration Courts; and
``(C) provide for disciplinary proceedings before
the Immigration Courts for attorneys and practitioners
who do not comply with the standards prescribed
pursuant to subparagraph (B);
``(2) rules governing the exercise of the appellate
division's en banc authority over adjudicative matters,
including decisions of an appellate division panel;
``(3) rules setting forth the types of matters that are
appropriate for review by a single appellate judge;
``(4) subject to section 621(e), rules governing the
issuance of opinions and written orders, and precedent
decisions;
``(5) rules governing the use of video teleconferencing
technology or other similar technologies, with a presumption
against the use of video teleconferencing in proceedings where
the alien's eligibility for relief from removal is being
evaluated, unless requested by the alien;
``(6) procedures, consistent with section 602(f)(2), for
receiving, investigating, and resolving complaints regarding
the conduct of immigration judges; and
``(7) all other policies, and procedures assigned to the
appellate division under this title.
``(b) Local Rules.--Each chief trial judge may establish local
rules of practice and procedure, provided that--
``(1) such rules are consistent with the provisions of this
title;
``(2) a majority of immigration trial judges on the
immigration trial court of such chief judge concur to the local
rules; and
``(3) the chief judge approves the local rules.
``(c) Immigration Court Fees.--
``(1) In general.--The appellate division shall prescribe
rules providing for the collection of reasonable filing fees
and other fees, as appropriate. Each such fee may not exceed
the fee charged and collected for the same or a substantially
similar purpose by the Federal district courts or by the
Department of Homeland Security.
``(2) Waiver.--Rules promulgated by the appellate division
shall include procedures under which any such fee may be waived
in the case of financial hardship.
``(d) Publication of Rules and Fees.--The administrative division
shall maintain a public website that contains or consolidates current
information on all rules and fees of the Immigration Courts, including
all local rules established pursuant to subsection (b).
``SEC. 623. REPRESENTATION OF PARTIES AND OTHER ASSISTANCE.
``(a) Right to Counsel.--In any proceeding before the Immigration
Courts, the person or party concerned shall have the privilege of being
represented (at no expense to the Federal Government) by such counsel,
authorized to practice before the Immigration Courts, of his or her
choosing.
``(b) Interpreters.--The Immigration Courts shall establish a
program to ensure the use of qualified interpreters in proceedings
before the Immigration Courts.
``(c) Legal Orientation Program.--The Immigration Courts shall
maintain, through agreements with legal services and other nonprofit
organizations, a legal orientation program that explains the Court's
procedures and provides basic legal information to individuals who are
or may become parties to proceedings before the Immigration Courts.
``SEC. 624. AVAILABILITY OF INFORMATION.
``(a) Publication of Precedent Decisions.--Precedent decisions of
the appellate division shall be published in such form and manner as
may be best adapted for public information and use.
``(b) Publication of Non-Precedent Decisions and Records.--
``(1) In general.--Subject to paragraph (2), all non-
precedent decisions of the Immigration Courts and all briefs,
motions, documents, and exhibits received by such court
(including hearing transcripts) shall be made available to the
public.
``(2) Confidential information.--The Immigration Courts
shall preserve the confidentiality of information relating to
matters involving national security, asylum and other forms of
protection, and claims under the Violence Against Women Act of
1994 (title IV of Public Law 103-322; 108 Stat. 1902, et seq.)
or under any other applicable law. The Immigration Courts may
take such action as may be necessary to prevent the disclosure
of confidential information in its proceedings and records,
including requiring that such information be placed under seal
and opened only as directed by the Immigration Courts.
``SEC. 625. SCOPE OF REVIEW AND APPEALS.
``(a) In General.--In any proceeding before the Immigration Courts,
the immigration judge shall--
``(1) consider de novo all constitutional claims and
questions of law; and
``(2) compel administrative action on an application or
petition filed by or on behalf of the alien that is unlawfully
withheld or unreasonably delayed.
``(b) Trial Division Proceedings.--The decision of an immigration
trial judge shall be based only on the evidence produced at the hearing
and shall set forth the judge's findings of fact, reasoning to support
discretionary determinations, and conclusions of law. Immigration trial
judges may take judicial notice of commonly known facts.
``(c) Review by Appellate Division.--
``(1) In general.--In considering an appeal from an
immigration trial judge decision, the appellate division shall
limit its review to the scope of issues raised on appeal and
shall conduct its review of the decision based on the record of
proceedings of the trial division.
``(2) Fact finding.--Aside from taking judicial notice of
commonly known facts, the appellate division shall not engage
in fact finding in considering an appeal of an immigration
trial judge decision, and shall defer to the factual findings
of the immigration trial judge unless such findings are
challenged and determined to be clearly erroneous.
``(d) Review by the United States Courts of Appeals.--A decision of
the appellate division may be appealed by a party to such proceeding
and reviewed by the United States court of appeals for the judicial
circuit wherein venue lies, in accordance with section 242, as
applicable. If the Federal Government appeals a decision pursuant to
this subsection, and the court finds that the alien party to such
appeal is financially unable to obtain adequate representation,
representation for such alien shall be provided through the plan for
representation on appeal that is in effect under section 3006A of title
18, United States Code.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended
by adding at the end the following:
``TITLE VI--UNITED STATES IMMIGRATION COURTS
``Subtitle A--Organization and Jurisdiction
``Sec. 601. Establishment and structure.
``Sec. 602. Immigration appeals judges and trial judges.
``Sec. 603. Temporary immigration judges and court facilities.
``Sec. 604. Jurisdiction.
``Subtitle B--Procedure and Appellate Review
``Sec. 621. Proceedings.
``Sec. 622. Immigration courts rules of practice and procedure.
``Sec. 623. Representation of parties and other assistance.
``Sec. 624. Availability of information.
``Sec. 625. Scope of review and appeals.''.
SEC. 3. EMPLOYEES.
(a) Clerk of the Court.--The chief judge of the United States
Immigration Courts may appoint, and prescribe the duties for, a clerk
of the court without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(b) Chambers Staff.--Immigration judges appointed pursuant to title
VI of the Immigration and Nationality Act, as added by section 2(a),
may appoint law clerks and secretaries, in such numbers as the
appellate division approves, without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service.
(c) Other Court Staff.--The clerk of the court appointed pursuant
to subsection (a) and the chief administrative officer of the
administrative division of the United States Immigration Courts may
appoint deputies and employees, in such numbers as the appellate
division approves, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service.
(d) Staff Salaries.--The appellate division of the United States
Immigration Courts may fix and adjust the rates of basic pay for the
clerk, the chief administrative officer, and other employees of the
Immigration Courts without regard to the provisions of chapter 51,
subchapter III of chapter 53, or section 5373 of title 5, United States
Code. To the maximum extent feasible, such employees shall be
compensated at rates consistent with those for employees holding
comparable positions in the judicial branch.
(e) Preference Eligibles.--In making appointments pursuant to
subsections (a) through (c), preference shall be given, among equally
qualified persons, to persons who are preference eligible (as defined
in section 2108(3) of title 5, United States Code).
(f) Experts and Consultants.--The United States Immigration Courts
may procure the services of experts and consultants as provided under
section 3109 of title 5, United States Code.
SEC. 4. BUDGET AND EXPENDITURES.
(a) Court Budget.--The budget of the United States Immigration
Courts for each fiscal year shall be--
(1) established by the Immigration Courts, without review
or modification by the executive branch; and
(2) included in the budget submitted to Congress by the
President pursuant to section 1105 of title 31, United States
Code.
(b) Permissible Court Expenditures.--
(1) In general.--The Immigration Courts may make such
expenditures as may be necessary to execute efficiently the
judicial and administrative functions vested in the Courts,
including expenditures for personal services, rent at the seat
of Government and elsewhere, law books, books of reference, and
periodicals.
(2) Manner of expenditure.--The Immigration Courts may
receive and expend funds appropriated to the Immigration
Courts--
(A) directly; or
(B) by transferring such funds to--
(i) the Director of the Administrative
Office of the United States Courts;
(ii) another court established under
article I of the Constitution; or
(iii) an Executive agency (as defined in
section 105 of title 5, United States Code).
(3) Approved expenses.--Funds expended pursuant to this
subsection may be used for administrative support and guidance
(including budgetary and financial, payroll and personnel,
protective and security, recordkeeping and statistical, and
information technology services) requested by the Immigration
Courts and approved by the Director, court, or agency,
respectively.
(c) Method and Source of Expenditures.--All expenditures of the
United States Immigration Courts shall be allowed and paid upon
presentation of itemized vouchers signed by the certifying officer
designated by the chief judge.
SEC. 5. ANNUAL REPORT.
(a) In General.--Not later than April 1 of each year, the chief
judge of the United States Immigration Courts shall submit a report to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that summarizes the workload
of the Immigration Courts during the preceding fiscal year.
(b) Contents.--The report described in subsection (a) shall
contain--
(1) demographic information, including the age, gender, and
nationality of respondents appearing before the United States
Immigration Courts, and rates at which such respondents are
represented by counsel;
(2) outcomes of removal proceedings, including grant rates
for immigration relief, disaggregated by geographical area and
immigration trial judge;
(3) outcomes of bond hearings, disaggregated by
geographical area and immigration trial court;
(4) the number of cases currently pending before the trial
and appellate divisions of the Immigration Courts, and the
change in such number from the prior fiscal year;
(5) the average number of days for which a respondent waits
to have their case heard, disaggregated by geographical area;
and
(6) any information requested by the congressional
committees referred to in subsection (a), provided that such
request is timely and reasonable.
SEC. 6. APPLICATION DATE; TRANSITIONAL PROVISIONS.
(a) Application Date.--The United States Immigration Courts may not
begin to exercise the functions of the courts under this Act and the
amendments made by section 2 until on or after the date (referred to in
this section and in section 7 as the ``application date'')--
(1) that is--
(A) the first day of the first full fiscal year
after the date of the enactment of this Act, if such
date is 180 days or more after such date of enactment;
or
(B) the first day of the second full fiscal year
after the date of the enactment of this Act, if the
first day of the first full fiscal year after such date
of enactment is less than 180 days after such date of
enactment; and
(2) on which 3 or more immigration appeals judges have been
duly appointed by the President, in accordance with procedures
set forth in subsection (c) and in section 601(b)(2) of the
Immigration and Nationality Act, as added by section 2(a).
(b) Transition Period and Appointment of Interim Immigration Trial
Judges.--
(1) Defined term.--In this section, the term ``transition
period'' means the 4-year period beginning on the application
date.
(2) Interim immigration trial judges.--
(A) In general.--Each individual serving as an
immigration judge in the Executive Office for
Immigration Review on the day before the application
date shall be redesignated as an interim immigration
trial judge on such date.
(B) Authority of interim immigration trial
judges.--Interim immigration trial judges are
authorized to exercise all of the powers of an
immigration trial judge provided under title VI of the
Immigration and Nationality Act, as added by section
2(a).
(C) Term of service.--An interim immigration trial
judge may serve until the earlier of--
(i) the first date on which--
(I) the transition period has
ended; and
(II) a successor has been
appointed; or
(ii) the date that is 5 years after the
application date.
(D) Appointment.--An otherwise qualified interim
immigration trial judge may be appointed as an
immigration trial judge.
(E) Credit and eligibility for benefits.--Service
as an interim immigration trial judge shall be included
in the same manner as service as an immigration trial
judge for purposes of calculating service credit,
retirement eligibility, and disability.
(F) Separation.--Nothing in this Act or in the
amendments made by this Act may be construed--
(i) to preclude an interim immigration
trial judge who is not appointed for a term
appointment by the appellate division pursuant
to section 601(c)(2) of the Immigration and
Nationality Act, as added by section 2(a), from
eligibility for appointment as an
administrative judge, an administrative law
judge, or an attorney position in a Federal
agency; or
(ii) to make a judge described in clause
(i) ineligible for early retirement under
section 8336(d)(2)(D) or 8414(b)(1)(B) of title
5, United States Code.
(c) First Appointments to the United States Immigration Courts.--
(1) Appellate division.--
(A) In general.--Notwithstanding section
601(b)(2)(B) of the Immigration and Nationality Act, as
added by section 2(a), of the first 21 immigration
appeals judges appointed pursuant to section
601(b)(2)(A) of such Act--
(i) the terms of the first 7 such judges so
appointed shall terminate on the date that is 5
years after the application date;
(ii) the terms of the next 7 such judges so
appointed shall terminate on the date that is
10 years after the application date; and
(iii) the terms of the last 7 such judges
so appointed shall terminate on the date that
is 15 years after the application date.
(B) Succession.--Each immigration appeals judge
described in subparagraph (A) may continue to serve
after the expiration of his or her initial designated
term if such judge is reappointed in accordance with
section 601(b)(2)(B) of the Immigration and Nationality
Act, as added by section 2(a).
(2) Trial division.--Not later than 180 days before the
last day of the transition period, the appellate division shall
establish procedures and requirements related to the
appointment of immigration trial judges.
(3) Clarification.--Notwithstanding paragraphs (1) and (2)
and section 601 of the Immigration and Nationality Act, as
added by section 2(a), any individual appointed to fill an
immigration trial judge vacancy during the transition period
shall serve until the earlier of--
(A) the first date on which--
(i) the transition period has ended; and
(ii) a successor has been appointed in
accordance with section 602 of the Immigration
and Nationality Act, as added by section 2(a);
or
(B) the date that is 1 year after the last day of
the transition period.
(d) Prior Service Credit.--
(1) Defined term.--In this subsection, the term ``covered
immigration judge'' means--
(A) an immigration appeals judge appointed pursuant
to section 601(b) of the Immigration and Nationality
Act, as added by section 2(a);
(B) an immigration trial judge appointed pursuant
to section 601(c) of the Immigration and Nationality
Act, as added by section 2(a); or
(C) an interim immigration trial judge redesignated
as such pursuant to subsection (b)(2)(A).
(2) Computation of years of service.--The period during
which a covered immigration judge who elects to receive retired
pay under section 602(i)(1) of the Immigration and Nationality
Act, as added by section 2(a), serves as a member of the Board
of Immigration Appeals, an immigration judge, or an
administrative law judge in the Executive Office for
Immigration Review of the Department of Justice, shall be
included (up to a maximum of 5 years) in the service of such
individual on the Immigration Courts for purposes of computing
the years of service as an immigration judge.
SEC. 7. INSTITUTIONAL TRANSFER; CONTINUITY OF PROCEEDINGS.
(a) Existing Precedent.--
(1) In general.--Precedential decisions by the Attorney
General or the Board of Immigration Appeals under title II of
the Immigration and Nationality Act (8 U.S.C. 1151 et seq.)
that were issued before the application date shall continue to
serve as precedent in proceedings before the Immigration Courts
unless explicitly overruled by the appellate division.
(2) Rules.--To the extent that such rules are consistent
with this Act and the amendments made by this Act, the rules of
the Attorney General that were in effect before the application
date shall remain in effect until amended or revoked by the
appellate division.
(b) Institutional Transfer.--
(1) Executive office for immigration review.--
(A) In general.--Except as provided in subparagraph
(B), all functions under the Executive Office for
Immigration Review on the day before the application
date shall be transferred to the Immigration Courts on
the application date.
(B) Exceptions.--
(i) OCAHO.--The Office of the Chief
Administrative Hearing Officer and the
functions of the Executive Office for
Immigration Review that support such office
shall remain under the jurisdiction of the
Department of Justice.
(ii) Other functions.--The functions of the
Executive Office for Immigration Review that
are not necessary or appropriate to be
transferred to the Immigration Courts shall be
reassigned to other agencies within the
Department of Justice or dissolved, at the
discretion of the Attorney General.
(2) Transfer and allocation of appropriations and
personnel.--Except as otherwise provided under this section,
the personnel of the Executive Office for Immigration Review
who are employed in connection with any functions transferred
pursuant to paragraph (1)(A), and the assets, liabilities,
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available to, the Executive Office for Immigration Review, in
connection with such functions transferred pursuant to
paragraph (1)(A), subject to section 1531 of title 31, United
States Code, shall be transferred to the Immigration Courts on
the application date. Unexpended funds transferred pursuant to
this paragraph shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(3) Pending cases.--
(A) Rule of construction.--Nothing in this Act may
be construed to result in any loss of rights or powers,
interruption of jurisdiction, or prejudice to matters
under title II of the Immigration and Nationality Act
(8 U.S.C. 1151 et seq.) that are pending before the
Board of Immigration Appeals or an immigration judge on
the application date.
(B) Transfer.--All proceedings under title II of
the Immigration and Nationality Act (8 U.S.C. 1151 et
seq.) that are pending before the Board of Immigration
Appeals or an immigration judge on the application date
shall be transferred to the Immigration Courts to
proceed before the trial division or the appellate
division, as appropriate.
SEC. 8. REVIEW BY THE JUDICIAL CONFERENCE; CONSULTATION REQUIREMENTS.
(a) Quadrennial Review.--The Judicial Conference of the United
States shall conduct a review of adjudications in the United States
Immigration Courts not less frequently than quadrennially as part of
its comprehensive survey of business in the courts of the United States
conducted pursuant to section 331 of title 28, United States Code.
(b) Report.--At the conclusion of each review conducted pursuant to
subsection (a)--
(1) the Judicial Conference shall submit a report
containing its findings from such review to--
(A) the appellate division;
(B) the Committee on the Judiciary of the Senate;
and
(C) the Committee on the Judiciary of the House of
Representatives; and
(2) the report submitted pursuant to paragraph (1) shall be
printed in the Congressional Record.
SEC. 9. TECHNICAL AND CONFORMING PROVISIONS.
(a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended--
(1) in section 101(b), by amending paragraph (4) to read as
follows:
``(4) The term `immigration judge' means an immigration trial judge
or an immigration appeals judge appointed to serve in the United States
Immigration Courts established under title VI.'';
(2) in section 238--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``Attorney
General'' and inserting ``Immigration
Courts''; and
(II) by striking ``Service'' and
inserting ``Department of Homeland
Security'';
(ii) in paragraph (2), by striking
``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland
Security'';
(iii) in paragraph (3)--
(I) by amending subparagraph (A) to
read as follows:
``(A) Notwithstanding any other provision of law, in the case of
any alien convicted of an aggravated felony, removal proceedings, and
any administrative appeals relating to such removal, shall be
completed, to the extent possible, before the alien's release from
incarceration for the underlying aggravated felony.''; and
(II) in subparagraph (B), by
striking ``Attorney General'' and
inserting ``Secretary of Homeland
Security''; and
(iv) in paragraph (4)(A), by striking
``Attorney General'' each place such term
appears and inserting ``administrative council
of the Immigration Courts'';
(B) in subsection (b)--
(i) in paragraph (1), by striking
``Attorney General'' and inserting
``immigration judge'';
(ii) in paragraph (3)--
(I) by striking ``Attorney
General'' and inserting ``Secretary of
Homeland Security''; and
(II) by striking ``apply for'' and
inserting ``seek'';
(iii) by amending paragraph (4) to read as
follows:
``(4) In any proceeding under this subsection--
``(A) the alien shall--
``(i) be given reasonable notice of the
charges and of the opportunity described in
subparagraph (C);
``(ii) have the privilege of being
represented (at no expense to the Government)
by such counsel, authorized to practice in such
proceedings, as the alien shall choose; and
``(iii) have a reasonable opportunity to
inspect the evidence and rebut the charges; and
``(B) the immigration judge shall ensure that--
``(i) a determination is made for the
record that the individual upon whom the notice
for the proceeding under this section is served
(either in person or by mail) is, in fact, the
alien named in such notice; and
``(ii) a record is maintained for judicial
review.'';
(iv) in paragraph (5)--
(I) by striking ``Attorney General
may'' and inserting ``immigration judge
may''; and
(II) by striking ``Attorney
General's'' and inserting ``immigration
judge's'';
(C) by redesignating the second subsection (c) (as
previously redesignated by section 671(b)(13) of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208)) as
subsection (d); and
(D) in subsection (d), as redesignated--
(i) by striking ``Commissioner'' each place
such term appears and inserting ``Secretary of
Homeland Security'';
(ii) in paragraph (2)(A), by striking
``Service'' and inserting ``Secretary of
Homeland Security''; and
(iii) in paragraphs (2)(D)(iv) and (4), by
striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(3) in section 239--
(A) in subsection (a), by striking ``Attorney
General'' each place such term appears and inserting
``Immigration Courts'';
(B) in subsection (b)--
(i) in paragraph (2), by striking
``Attorney General'' and inserting
``Immigration Courts''; and
(ii) in paragraph (3), by striking
``Attorney General'' and inserting
``immigration judge''; and
(C) in subsection (d)(1), by striking ``Attorney
General'' and inserting ``immigration judge'';
(4) in section 240--
(A) in subsection (b)--
(i) by striking paragraphs (1) and (6);
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (1) through (4),
respectively;
(iii) by redesignating paragraph (7) as
paragraph (5);
(iv) by amending paragraph (1), as
redesignated, to read as follows:
``(1) Form of proceeding.--The proceeding may take place--
``(A) in person; or
``(B) through video conference, subject to rules
promulgated pursuant to section 622(a)(5).'';
(v) in paragraph (2), as redesignated, by
striking ``Attorney General'' and inserting
``immigration judge'';
(vi) in paragraph (3), as redesignated--
(I) in the matter preceding
subparagraph (A), by striking ``, under
regulations of the Attorney General'';
and
(II) in subparagraph (A), by
striking ``, at no expense to the
Government, by counsel of the alien's
choosing who is authorized to practice
in such proceedings'' and inserting
``in accordance with section 623(a)'';
and
(vii) in paragraph (4)(A), as
redesignated--
(I) by striking ``Service'' and
inserting ``Government''; and
(II) by amending the last sentence
to read as follows: ``Written notice
shall be considered sufficient for
purposes of this subparagraph if
provided at the most recent address
provided under section 239(a)(1)(F).'';
(B) in subsection (c)--
(i) in paragraph (2), in the matter
following subparagraph (B), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security'';
(ii) in paragraph (3)--
(I) by striking ``service'' in the
paragraph heading and inserting
``government''; and
(II) by striking ``Service'' each
place such term appears and inserting
``Government''; and
(iii) in paragraph (7)(C)(iv)--
(I) in subclause (II)--
(aa) by striking ``Attorney
General'' and inserting
``immigration judge''; and
(bb) by striking
``Immigration and
Naturalization Service'' and
inserting ``Secretary of
Homeland Security''; and
(II) in subclause (III)--
(aa) by striking ``Attorney
General may'' and inserting
``immigration judge may''; and
(bb) by striking ``Attorney
General's'' and inserting
``immigration judge's''; and
(C) in subsection (d), by amending the first
sentence to read as follows: ``An immigration judge may
enter an order of removal stipulated to by the alien
(or the alien's representative) and the Government.'';
(5) in section 242--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) in subparagraph (A), by
striking ``Attorney General'' each
place such term appears and inserting
``Secretary of Homeland Security''; and
(II) in subparagraph (B)(ii), by
striking ``Attorney General'' each
place such term appears and inserting
``the appellate division of the
Immigration Courts''; and
(ii) by adding at the end the following:
``(6) Venue.--For purposes of judicial review under this
section and section 625(d), the venue of a proceeding before
the court of appeals is in the judicial circuit in which--
``(A) an immigration trial judge of the Immigration
Court issued the original underlying decision in the
matter; or
``(B) the underlying administrative action reviewed
by the appellate division of the Court occurred.'';
(B) in subsection (b)--
(i) in paragraph (2), by inserting
``trial'' after ``immigration'';
(ii) in paragraph (3)(A)--
(I) by striking ``Attorney
General'' in the first sentence and
inserting ``United States''; and
(II) by amending the second
sentence to read as follows: ``The
petition shall be served on the
Attorney General and on the officer or
employee of the Department of Homeland
Security in charge of the district in
which the final order of removal under
section 240 was entered.'';
(iii) in paragraph (4)(D), by striking
``Attorney General's'' and inserting
``immigration judge's''; and
(iv) in paragraph (8), by striking
``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland
Security'';
(C) in subsection (e)--
(i) in paragraph (2)(C), by striking ``as
prescribed by the Attorney General''; and
(ii) in paragraph (3)(A)(ii), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(D) in subsection (g), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security''; and
(6) in section 246(a)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) by striking the second sentence and inserting
the following: ``Upon request of the individual whose
status has been rescinded, the Secretary of Homeland
Security shall refer such rescission to the United
States Immigration Courts for review in accordance with
section 604(b)(1)(B).''.
(b) Construction of Existing References.--To the extent consistent
with this Act, each reference in the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), or in any rule prescribed under such Act--
(1) to the Board of Immigration Appeals or an immigration
judge, or any administrative appeal, hearing, review, or other
proceeding before such Board or judge, shall be deemed to
refer, as appropriate, to the United States Immigration Courts
established under title VI of the Immigration and Nationality
Act, as added by section 2, to the appropriate division of the
Immigration Courts, or to the corresponding proceedings under
this Act before the Immigration Courts; and
(2) to the authority of the Attorney General to prescribe
rules with respect to the Executive Office for Immigration
Review, the Board of Immigration Appeals, immigration judges,
or administrative appeals, hearings, reviews, or other
proceedings conducted under the Immigration and Nationality
Act, by such Office, Board, or judges, shall be deemed to
confer rulemaking authority on the appellate division of the
United States Immigration Courts.
(c) Financial Disclosure Reporting.--Section 13101 of title 5,
United States Code, is amended--
(1) in paragraph (9), by inserting ``of the United States
Immigration Courts,'' after ``Court of Appeals for Veterans
Claims,''; and
(2) in paragraph (10), by inserting ``United States
Immigration Courts,'' after ``Court of Appeals for Veterans
Claims,''.
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