119 S5094 IS: Real Courts, Rule of Law Act of 2026 U.S. Senate 2026-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II119th CONGRESS2d SessionS. 5094IN THE SENATE OF THE UNITED STATESJuly 22, 2026Mrs. 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 JudiciaryA BILLTo 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.

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.

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:.(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 COURTSSubtitle A—Organization and JurisdictionSec. 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 ReviewSec. 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..

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.

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.

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.

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.

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.

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.

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,.