S 5094

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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,”. <all>