This bill, titled the "Real Courts, Rule of Law Act of 2026," establishes the United States Immigration Courts as an independent Article I court of record, distinct from the executive branch. This new system will comprise an appellate division, a trial division, and an administrative division, with its principal office in the Washington, D.C. metropolitan area. The appellate division will consist of 21 immigration appeals judges, appointed by the President with Senate consent for 15-year terms, with one serving as chief judge. The trial division will be composed of immigration trial judges, appointed by the appellate division for 15-year terms, with chief trial judges overseeing geographical areas. Judges must meet stringent qualifications, including 10 years of bar membership, demonstrated integrity, commitment to justice, and legal competence, with appointments made without regard to political affiliation. The appellate division is responsible for promulgating court rules, setting policies, and appointing or removing trial judges. The administrative division, managed by a chief administrative officer and an administrative council, will handle operational matters. The administrative council will conduct quadrennial surveys to determine the number and location of trial courts needed, considering factors like population proximity and legal service availability, and will establish a merit selection panel for judge recommendations. Immigration judges will receive salaries comparable to federal district court judges and are prohibited from practicing law. They can only be removed for specific grounds like incapacity or misconduct, with due process. The bill also outlines comprehensive retirement provisions, including mandatory retirement at age 80 and permissive retirement based on age and service. The appellate division will have jurisdiction over appeals from trial judge decisions, certain Department of Homeland Security decisions, and disciplinary matters. The trial division will have original jurisdiction over removal proceedings, rescissions of lawful permanent residence, credible and reasonable fear determinations, asylum applications, and bond decisions. Judges will have contempt authority and assistance from U.S. Marshals, and decisions will be issued as written opinions, with appellate division precedents binding on all immigration judges. The appellate division will promulgate rules of practice and procedure, including those for attorney admission, professional conduct, and the use of video teleconferencing, with a presumption against its use in relief proceedings unless requested by the alien. The bill affirms the right to counsel (at no government expense), mandates qualified interpreters, and establishes a legal orientation program. All court decisions and records will be publicly available, with protections for confidential information. Upon the bill's application date, functions of the Executive Office for Immigration Review (EOIR) will transfer to the new courts, and existing immigration judges will become interim trial judges. Prior precedential decisions by the Attorney General or the Board of Immigration Appeals will remain binding unless explicitly overruled by the appellate division. The Judicial Conference of the United States will conduct quadrennial reviews of the Immigration Courts, and an annual report on workload and outcomes will be submitted to Congress, ensuring transparency and oversight of the new judicial system.
This bill, titled the "Real Courts, Rule of Law Act of 2026," establishes the United States Immigration Courts as an independent Article I court of record, distinct from the executive branch. This new system will comprise an appellate division, a trial division, and an administrative division, with its principal office in the Washington, D.C. metropolitan area. The appellate division will consist of 21 immigration appeals judges, appointed by the President with Senate consent for 15-year terms, with one serving as chief judge. The trial division will be composed of immigration trial judges, appointed by the appellate division for 15-year terms, with chief trial judges overseeing geographical areas. Judges must meet stringent qualifications, including 10 years of bar membership, demonstrated integrity, commitment to justice, and legal competence, with appointments made without regard to political affiliation. The appellate division is responsible for promulgating court rules, setting policies, and appointing or removing trial judges. The administrative division, managed by a chief administrative officer and an administrative council, will handle operational matters. The administrative council will conduct quadrennial surveys to determine the number and location of trial courts needed, considering factors like population proximity and legal service availability, and will establish a merit selection panel for judge recommendations. Immigration judges will receive salaries comparable to federal district court judges and are prohibited from practicing law. They can only be removed for specific grounds like incapacity or misconduct, with due process. The bill also outlines comprehensive retirement provisions, including mandatory retirement at age 80 and permissive retirement based on age and service. The appellate division will have jurisdiction over appeals from trial judge decisions, certain Department of Homeland Security decisions, and disciplinary matters. The trial division will have original jurisdiction over removal proceedings, rescissions of lawful permanent residence, credible and reasonable fear determinations, asylum applications, and bond decisions. Judges will have contempt authority and assistance from U.S. Marshals, and decisions will be issued as written opinions, with appellate division precedents binding on all immigration judges. The appellate division will promulgate rules of practice and procedure, including those for attorney admission, professional conduct, and the use of video teleconferencing, with a presumption against its use in relief proceedings unless requested by the alien. The bill affirms the right to counsel (at no government expense), mandates qualified interpreters, and establishes a legal orientation program. All court decisions and records will be publicly available, with protections for confidential information. Upon the bill's application date, functions of the Executive Office for Immigration Review (EOIR) will transfer to the new courts, and existing immigration judges will become interim trial judges. Prior precedential decisions by the Attorney General or the Board of Immigration Appeals will remain binding unless explicitly overruled by the appellate division. The Judicial Conference of the United States will conduct quadrennial reviews of the Immigration Courts, and an annual report on workload and outcomes will be submitted to Congress, ensuring transparency and oversight of the new judicial system.