No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7724 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7724
To establish, under article I of the Constitution of the United States,
a court of record to be known as the United States Immigration Courts.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2024
Ms. Lofgren introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish, under article I of the Constitution of the United States,
a court of record to 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 2024''.
(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 to be known as the United States Immigration Courts
(referred to in this Act 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 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, DC, metropolitan
area, but any 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, one 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, consistent with the
requirements described in 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 that a 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 the 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 in
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 that term begins;
``(II) the date that the judge is
removed from service for cause in
accordance with section 602(f);
``(III) the date that the judge
leaves regular active service as an
immigration appeals judge; and
``(IV) the date that the 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
described in clause (i)(I), no other
immigration appeals judge is eligible to assume
the role of chief judge as provided in
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 only en banc its authority to--
``(i) appoint immigration trial judges to
the trial division;
``(ii) remove immigration trial judges in
accordance with section 602(f);
``(iii) appoint a chief administrative
officer to the administrative division;
``(iv) promulgate rules and set policies
and procedures of the Immigration Courts; and
``(v) 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 in
subparagraph (A) by a majority vote, a quorum being
present.
``(C) Quorum.--For purposes of this paragraph, not
less than three 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 consistent 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 for not more than 1 year
or until a successor is appointed, whichever occurs
first.
``(3) Chief trial judges.--
``(A) Designation.--The chief judge shall designate
one immigration trial judge to serve as the chief trial
judge for each geographical area. If only one
immigration trial judge presides over a geographical
area, that judge shall be designated the chief trial
judge.
``(B) Term of office.--Chief trial judges shall
serve for an initial term of 5 years and may be
reappointed for additional 5-year terms, or other
periods of time that are less than 5 years as
determined by the appellate division.
``(C) Responsibilities.--In addition to fulfilling
regular judicial duties, chief trial judges shall be
responsible for--
``(i) overseeing the administrative
operations of the trial division in the
geographical area in which they are located;
and
``(ii) fulfilling all other duties and
responsibilities articulated in this Act 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
be responsible for--
``(A) implementing and administering operational
rules, policies, and procedures of the Immigration
Courts established by the appellate division or the
administrative council;
``(B) assisting the administrative council in
executing its responsibilities as described in
paragraph (3); and
``(C) fulfilling all other administrative duties
and responsibilities articulated in this Act or
delegated by the chief judge.
``(3) Administrative council.--
``(A) In general.--The chief judge of the appellate
division shall summon annually 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 such
meeting which shall be known as the administrative
council of the Immigration Courts. Special sessions of
the council may be called by the chief judge at such
times and places as the chief judge may designate. If
the chief trial judge of any court of the trial
division is unable to attend, the chief judge may
summon any other judge from such court. Every judge
summoned shall attend and, unless excused by the chief
judge, shall remain throughout the sessions of the
council and advise as to the needs of that judge's
court and as to any matters in respect of 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) Survey.--Not later than 1 year after
the application date described in section 6 of
the Real Courts, Rule of Law Act of 2024, 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
the number of immigration trial courts required
to provide for the expeditious and effective
administration of justice, as well as the
geographical areas to be served by such courts.
In conducting the survey, 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.
``(ii) Publication of survey results.--The
administrative council shall publish the
results of the survey described in subparagraph
(A).
``(iii) 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,
consistent with subsections (a), (b), and (c)
of section 602.
``(ii) Composition.--The panel described in
paragraph (1) 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 AND 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
thereof, 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 a 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.--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, and in
accordance with the following:
``(A) An immigration appeals judge may be removed
from office by the President.
``(B) An immigration trial judge may be removed
from office by the appellate division.
``(C) No immigration judge may be removed from
office unless such judge is provided with notice of the
allegations forming the basis for removal and 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 of
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) 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) Any immigration judge shall retire upon attaining the
age of 80.
``(2) Any immigration judge who meets the age and service
requirements set forth in the following table may retire:
----------------------------------------------------------------------------------------------------------------
``The immigration judge has attained age And the years of service as an immigration judge are at least:
----------------------------------------------------------------------------------------------------------------
65........................................... 15
66........................................... 14
67........................................... 13
68........................................... 12
69........................................... 11
70........................................... 10.
----------------------------------------------------------------------------------------------------------------
``(3) Any immigration judge who is not reappointed
following the expiration of the term of his office may retire
upon the completion of such term, if--
``(A) he has served as an immigration judge for 15
years or more; and
``(B) not earlier than 9 months preceding the date
of the expiration of the term of his office and not
later than 6 months preceding such date, he advised the
President or the appellate division, as appropriate, in
writing that he was willing to accept reappointment as
an immigration judge.
``(4) Any immigration judge who becomes permanently
disabled from performing his duties shall retire.
``(h) Retired Pay.--Any individual who--
``(1) retires under 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
``(2) retires under paragraph (4) of subsection (b) and
elects under subsection (i) to receive retired pay under this
subsection shall receive retired pay during any period at a
rate--
``(A) equal to the rate of the salary payable to an
immigration judge during such period if before he
retired he had served as an immigration judge not less
than 10 years; or
``(B) one-half of the rate of the salary payable to
an immigration judge during such period if before he
retired he had served as an immigration judge less than
10 years.
Such retired pay shall begin to accrue on the day following the day on
which his salary as immigration judge ceases to accrue, and shall
continue to accrue during the remainder of his life. Retired pay under
this subsection shall be paid in the same manner as the salary of an
immigration judge. In computing the rate of the retired pay under
paragraph (1) of this subsection for any individual who is entitled
thereto, that portion of the aggregate number of years he has served as
an immigration judge which is a fractional part of 1 year shall be
eliminated if it is less than 6 months, or shall be counted as a full
year if it is 6 months or more. In computing the rate of the retired
pay under paragraph (1) of this subsection for any individual who is
entitled thereto, any period during which such individual performs
services under subsection (c) on a substantially full-time basis shall
be treated as a period during which he has served as an immigration
judge.
``(i) Election To Receive Retired Pay.--Any immigration judge may
elect to receive retired pay under subsection (h). Such an election--
``(1) may be made only while an individual is an
immigration judge (except that in the case of an individual who
fails to be reappointed as immigration judge at the expiration
of a term of office, it may be made at any time before the day
after the day on which his successor takes office);
``(2) once made, shall be irrevocable;
``(3) in the case of any immigration judge other than the
chief judge, shall be made by filing notice thereof in writing
with the chief judge; and
``(4) in the case of the chief judge, shall be made by
filing notice thereof in writing with the Office of Personnel
Management.
The chief judge shall transmit to the Office of Personnel Management a
copy of each notice filed with him under this subsection.
``(j) Retired Pay Affected in Certain Cases.--In the case of an
individual for whom an election to receive retired pay under subsection
(h) is in effect--
``(1) 1-year forfeiture for failure to perform judicial
duties.--If such individual during any calendar year fails to
perform judicial duties required of him by section 603, such
individual shall forfeit all rights to retired pay under
subsection (d) for the 1-year period which begins on the first
day on which he so fails to perform such duties.
``(2) Suspension of retired pay during period of
compensated government service.--If such individual accepts
compensation for civil office or employment under the
Government of the United States (other than the performance of
judicial duties pursuant to section 603), such individual shall
forfeit all rights to retired pay under subsection (h) for the
period for which such compensation is received.
``(3) Forfeitures of retired pay under paragraph (1) not to
apply where individual elects to freeze amount of retired
pay.--
``(A) In general.--If any individual makes an
election under this paragraph--
``(i) paragraph (1) and section 603 shall
not apply to such individual beginning on the
date such election takes effect, and
``(ii) the retired pay under subsection (h)
payable to such individual for periods
beginning on or after the date such election
takes effect 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 be made by an individual only if
such individual meets the age and service
requirements for retirement under paragraph (2)
of subsection (g),
``(ii) may be made only during the period
during which the individual may make an
election to receive retired pay or while the
individual is receiving retired pay, and
``(iii) shall be made in the same manner as
the election to receive retired pay.
Such an election, once it takes effect, shall be
irrevocable.
``(C) When election takes effect.--Any election
under this paragraph shall take effect on the first day
of the first month following the month in which the
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.--In the case of any
individual who 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 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 him under subsection (h) or
from any other salary, pay, or compensation payable to
him, 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 application therefor
with the Office of Personnel Management.
``(l) Retirement for Disability.--
``(1) Any immigration judge who becomes permanently
disabled from performing his duties shall certify to the
President, or the appellate division, as applicable, his
disability in writing. If the chief judge retires for
disability, his retirement shall not take effect until
concurred in by the President.
``(2) Whenever any immigration judge who becomes
permanently disabled from performing his duties does not retire
or the appellate division, as applicable, and the President
finds that such immigration judge is unable to discharge
efficiently all the duties of his office by reason of permanent
mental or physical disability and that 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 (e)(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 notice thereof in writing
with the Director of the Office of Personnel Management. The
Office of Personnel Management shall transmit to the chief
judge a copy of each notice filed under this subsection.
``(3) Effect of revocation.--In the case of any revocation
under this subsection--
``(A) for purposes of this section, the individual
shall be treated 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 either there has been deducted and withheld the
amount required by the civil service retirement laws or
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 in the
Civil Service Retirement and Disability Fund an amount
equal to the additional amount it would have
contributed to such Fund but for the election under
subsection (i), and
``(D) if subparagraph (C) is complied with, 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 Fund established by
section 8437 of title 5, United States Code.
``(B) Period of election.--An election may be made
under this paragraph only during a period provided
under section 8432(b) of title 5, United States Code,
for individuals subject to chapter 84 of such title.
``(2) Applicability of title 5 provisions.--Except as
otherwise provided in 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 under paragraph (1).
``(3) Special rules.--
``(A) Amount contributed.--The amount contributed
by an immigration judge to the Thrift Savings Fund in
any pay period shall 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, applies with
respect to an immigration judge who makes an election
under paragraph (1) and who either--
``(i) retires under subsection (g), or
``(ii) ceases to serve as an immigration
judge but does not retire under subsection (g).
Retirement under subsection (b) is a separation from
service for purposes of subchapters III and VII of
chapter 84 of that title.
``(D) 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).
``(E) Exception.--Notwithstanding subparagraph (C),
if any immigration judge retires under this section, or
resigns without having met the age and service
requirements set forth under subsection (g)(2), and
such immigration judge's nonforfeitable account balance
is less than an 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 to--
``(1) appoint temporary immigration trial judges, which
appointment shall be undertaken in a manner consistent with the
requirements of section 602, to the extent practicable;
``(2) recall retired immigration trial or appeals judges,
as described in subsection (b); and
``(3) 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 the terms of this
subsection.
``(2) Authority of recalled judges.--An immigration judge
who is recalled to serve as an immigration appeals judge or
immigration trial judge may exercise all of the judicial powers
and duties of such judges in regular active service, except as
specifically provided in this subtitle. Such judge shall not be
counted for purposes of section 601(b)(1) or (c)(2).
``(3) Compensation.--An immigration judge who is recalled
for service 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.--Except as
provided in subsection (d), an immigration judge who is
recalled for service who retired under chapter 83 or 84 of
title 5, United States Code, shall be considered to be a
reemployed annuitant under that chapter. Nothing in this
subsection affects 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
provisions of title 5, United States Code.
``(c) Reporting Requirements.--
``(1) Initial report.--Prior to exercising the authority
described in subsection (a), the appellate division shall
transmit a report to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of
the Senate detailing--
``(A) the specific and credible facts that led to
the determination that additional court resources are
required;
``(B) an assessment as to the number of temporary
immigration judges or court facilities that are
required; and
``(C) an estimate as to how long 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, the appellate division shall report to the
Committees named in paragraph (1) on the current status of the
Immigration Courts and the continuing need for the temporary
immigration judges or court facilities.
``(3) Reduction in resources and termination.--
``(A) Gradual reduction in resources.--The
appellate division shall, exercising its authority en
banc in accordance with section 601(b)(4), terminate
the appointment of individual temporary immigration
judges and close individual temporary court facilities
as the appellate division, in consultation with the
administrative council, determines they are no longer
required. For purposes of this subparagraph, section
602(g) does not apply.
``(B) Termination.--All temporary immigration judge
appointments shall be rescinded and all temporary court
facilities closed upon the earliest of--
``(i) the date that the appellate division
determines, in consultation with the
administrative council, that regular court
resources are sufficient to resume normal court
operations;
``(ii) the date that Congress directs that
such actions be taken by concurrent resolution;
or
``(iii) 210 days after the appellate
division submits its initial report under
paragraph (1)(A), unless Congress extends such
210-day period by law.
``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,
as described in section 625(c);
``(B) appeals of decisions by the Secretary of
Homeland Security on petitions filed under 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 clause.--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 described in section 6(a) of the
Real Courts, Rule of Law Act of 2024.
``(b) Trial Division Jurisdiction.--
``(1) In general.--The trial division of the Immigration
Courts shall have original jurisdiction over--
``(A) removal proceedings as 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 applications for asylum referred by
the Secretary of Homeland Security where the applicant
is barred from being placed in removal proceedings
under section 240, and referrals for protection under
section 241(b)(3) or the United Nations Convention
Against Torture where the individual is not in removal
proceedings and is barred from asylum under this Act;
``(E) determinations relating to bond, custody, or
the detention of any alien in the custody of the
Department of Homeland Security;
``(F) determinations as to 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 clause.--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 described
in section 6(a) of the Real Courts, Rule of Law Act of 2024.
``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 three 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.--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 that term is defined in
section 451 of title 28, United States Code. The United States marshal
for a district in which the immigration trial judge is sitting shall,
if requested by the presiding judge, 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 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 shall, to the greatest extent
practicable, be issued in the form of a written opinion and
shall include an analysis of the facts of the case and the
legal reasoning for the 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 executive
agencies (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 proceedings of the
Immigration Courts.
``SEC. 622. IMMIGRATION COURTS RULES OF PRACTICE AND PROCEDURE.
``(a) In General.--Exercising its en banc authority, the appellate
division shall 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 described in
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 as described in 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 that 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 which provide 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
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 under this subsection.
``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 Government) by such counsel,
authorized to practice before the Immigration Courts, of their own
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
(Public Law 103-322, title IV, 108 Stat. 1902), as amended, or
any other applicable law. The Immigration Courts may make any
provision necessary to prevent the disclosure of confidential
information in its proceedings and records, including requiring
that such information be placed under seal to be 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 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 new items:
``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 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 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 and the chief
administrative officer 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 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 under 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 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.--For each fiscal year, the budget of the
Immigration Courts shall be established by the Immigration Courts,
without review or modification by the executive branch, and shall be
included in the budget of the President as submitted.
(b) Permissible Court Expenditures.--
(1) The Immigration Courts may make such expenditures
(including expenditures for personal services and rent at the
seat of Government and elsewhere, and for law books, books of
reference, and periodicals) as may be necessary to execute
efficiently the judicial and administrative functions vested in
the Courts.
(2) The Immigration Courts may receive and expend funds
appropriated to the Courts for purposes of paragraph (1)
either--
(A) directly, or
(B) by transfer 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,
to cover the expense of such administrative support and
guidance (including budgetary and financial, payroll and
personnel, protective and security, recordkeeping and
statistical, and information technology services) as the Court
may request and the Director, court, or agency may agree to
provide from time to time.
(c) Method and Source of Expenditures.--All expenditures of the
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 shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate, a
report summarizing the workload of the Immigration Courts for 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 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 Committees named in
subsection (a), provided such request is timely and reasonable.
SEC. 6. APPLICATION DATE; TRANSITIONAL PROVISIONS.
(a) Application Date.--The Immigration Courts may not begin to
exercise the functions of the courts under this Act and the amendments
made by this Act until the date (for purposes of this Act, referred to
as the ``application date'') that is--
(1)(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 the date of enactment of this Act; 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 the date of enactment of this Act
is less than 180 days after the date of enactment of this Act;
and
(2) the date on which 3 or more immigration appeals judges
have been duly appointed by the President, in accordance with
procedures set forth in section 6(c) of this Act and 601(b)(2)
of the Immigration and Nationality Act, as added by this Act.
(b) Transition Period and Appointment of Interim Immigration Trial
Judges.--
(1) Transition period.--The transition period described in
this section shall be the 4-year period beginning on the
application date of this Act.
(2) Interim immigration trial judges.--
(A) In general.--Each individual serving as an
immigration judge in the Executive Office for
Immigration Review on the date that is the day before
the application date of this Act shall become an
interim immigration trial judge.
(B) Authority of interim immigration trial
judges.--Interim immigration judges shall have the
authority to exercise all powers of an immigration
trial judge as provided in title VI of the Immigration
and Nationality Act (8 U.S.C. 601 et seq.).
(C) Term of service.--An interim immigration trial
judge may serve until the transition period has ended
and a successor is appointed, or for a period not to
exceed 5 years, whichever is shorter. An otherwise
qualified interim judge may be appointed as an
immigration trial judge.
(D) 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.
(E) Separation.--Nothing in this Act or the
amendments made by this Act may be construed to--
(i) preclude an interim immigration trial
judge who is not appointed for a term
appointment by the appellate division under
section 601(c)(2) of the Immigration and
Nationality Act, as added by this Act, from
eligibility for appointment as an
administrative judge, administrative law judge,
and for attorney positions in agencies
throughout the Federal Government; or
(ii) make an interim immigration judge
described in clause (i) ineligible for early
retirement pursuant to 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 this Act, the first 21 immigration appeals
judges appointed shall serve for the following terms:
(i) The terms of the first 7 immigration
appeals judges appointed shall terminate on the
date that is 5 years after the date described
in subsection (a).
(ii) The terms of the next 7 immigration
appeals judges appointed after the judges
referred to in clause (i) shall terminate on
the date that is 10 years after the date
described in subsection (a).
(iii) The terms of the next 7 immigration
appeals judges appointed after the judges
referred to in clause (ii) shall terminate on
the date that is 15 years after the date
described in subsection (a).
(B) Succession.--Each immigration appeals judge
described in subparagraph (A) may continue to serve
after the expiration of the designated term if such
judge is reappointed in accordance with section
601(b)(2)(B) of the Immigration and Nationality Act as
added by this Act.
(2) Trial division.--Not later than 180 days before the
transition period has ended, 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 this Act, any individual appointed to fill an
immigration trial judge vacancy during the transition period
described in subsection (b)(1) shall serve only until the
transition period has ended and until a successor is appointed
in accordance with section 602 of the Immigration and
Nationality Act, but not more than 1 year after the end of the
transition period.
(d) Prior Service Credit.--
(1) In general.--The period that a covered immigration
judge who elects to receive retired pay under section 602 of
the Immigration and Nationality Act, as added by this Act,
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.
(2) Covered immigration judge defined.--In this subsection,
the term ``covered immigration judge'' means--
(A) an immigration appeals judge appointed under
section 601(b) of the Immigration and Nationality Act,
as added by this Act;
(B) an immigration trial judge appointed under
section 601(c) of the Immigration and Nationality Act,
as added by this Act; or
(C) an interim immigration trial judge under
subsection (b)(2) of this section.
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 of this Act shall
continue to serve as precedent in proceedings before the
Immigration Courts unless explicitly overruled by such court.
(2) Rules.--To the extent that such rules are consistent
with this Act, the rules of the Attorney General that were in
effect before the application date of this Act, 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 date that is the day before
the application date of this Act are transferred to the
Immigration Courts on the application date of this Act.
(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 Department of Justice.
(ii) Other functions.--The functions of the
Executive Office for Immigration Review that
are not necessary or appropriate for transfer
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 provided in this section, the personnel
of the Executive Office for Immigration Review employed in
connection with the functions transferred by this section, 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 the functions
transferred by this section, subject to section 202 of the
Budget and Accounting Procedures Act of 1950, shall be
transferred to the Immigration Courts on the application date
of this Act. 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) In general.--The enactment of this Act shall
not 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.) which are pending before the
Board of Immigration Appeals or an immigration judge on
the application date of this Act.
(B) Transfer.--All proceedings under title II of
the Immigration and Nationality Act (8 U.S.C. 1151 et
seq.) which are pending before the Board of Immigration
Appeals or an immigration judge on the application date
of this Act 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.
The Judicial Conference of the United States shall conduct a review
of adjudications in the United States Immigration Courts at least once
every 4 years, as part of its comprehensive survey of business in the
courts of the United States conducted pursuant to title 28, section
331. At the conclusion of its review, the Judicial Conference shall
submit a report of its findings to the appellate division and the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate. The Committees shall cause to
have such report 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 appeals
judge or immigration trial judge appointed to serve in the United
States Immigration Courts established under title VI.'';
(2) in section 238(a)(1)--
(A) by striking ``Attorney General'' and inserting
``Immigration Courts''; and
(B) by striking ``Service'' and inserting
``Department of Homeland Security'';
(3) in section 238(a)(2), by striking ``Attorney General''
each place such term appears and inserting ``Secretary of
Homeland Security'';
(4) in section 238(a)(3)--
(A) 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 thereof, shall be completed, to the extent
possible, before the alien's release from incarceration for the
underlying aggravated felony.''; and
(B) in subparagraph (B), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security'';
(5) in section 238(a)(4)(A) by striking ``Attorney
General'' each place it appears and inserting ``administrative
council of the Immigration Courts'';
(6) in section 238(b)(1) by striking ``Attorney General''
and inserting ``immigration judge'';
(7) in section 238(b)(3)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``apply for'' and inserting
``seek'';
(8) in section 238(b) 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.'';
(9) in section 238(b)(5)--
(A) by striking ``Attorney General'' and inserting
``immigration judge''; and
(B) by striking ``Attorney General's'' and
inserting ``immigration judge's'';
(10) by redesignating the second subsection (c) of section
238 as subsection (d) and in the newly designated subsection
(d)--
(A) by striking ``Commissioner'' in each place such
term appears and inserting ``Secretary of Homeland
Security'';
(B) by striking ``Attorney General'' in each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(C) by striking ``Service'' in paragraph (2)(A) and
inserting ``Secretary of Homeland Security'';
(11) in section 239(a) by striking ``Attorney General'' in
each place such term appears and inserting ``Immigration
Courts'';
(12) in section 239(b)(2) by striking ``Attorney General''
and inserting ``Immigration Courts'';
(13) in section 239(b)(3) by striking ``Attorney General''
and inserting ``immigration judge'';
(14) in section 239(d)(1) by striking ``Attorney General''
and inserting ``immigration judge'';
(15) in section 240(b)--
(A) by striking paragraphs (1) and (6);
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(C) by redesignating paragraph (7) as paragraph
(5);
(D) by amending paragraph (1) as redesignated by
this paragraph 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 under section 622(a)(5).'';
(E) in paragraph (2) as redesignated by this
paragraph, by striking ``Attorney General'' and
inserting ``immigration judge'';
(F) in paragraph (3) as redesignated by this
paragraph--
(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
(G) in paragraph (4)(A) as redesignated by this
paragraph--
(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).'';
(16) in section 240(c)(2), in the matter following
subparagraph (B), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(17) in section 240(c)(3)--
(A) by striking ``service'' in the heading and
inserting ``government''; and
(B) by striking ``Service'' in each place such term
appears and inserting ``Government'';
(18) in section 240(c)(7)(C)(iv)(II)--
(A) by striking ``Attorney General'' and inserting
``immigration judge''; and
(B) by striking ``Immigration and Naturalization
Service'' and inserting ``Secretary of Homeland
Security'';
(19) in section 240(c)(7)(C)(iv)(III)--
(A) by striking ``Attorney General'' and inserting
``immigration judge''; and
(B) by striking ``Attorney General's'' and
inserting ``immigration judge's'';
(20) in section 240(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.'';
(21) in section 242(a)(2)(A) by striking ``Attorney
General'' in each place such term appears and inserting
``Secretary of Homeland Security'';
(22) in section 242(a)(2)(B)(ii), by striking ``Attorney
General'' each place it appears and inserting ``the appellate
division of the Immigration Courts'';
(23) in section 242(a), 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.'';
(24) in section 242(b)(2) by inserting ``trial'' after
``immigration'';
(25) in section 242(b)(3)(A)--
(A) by striking ``Attorney General'' in the first
sentence and inserting ``United States''; and
(B) 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.'';
(26) in section 242(b)(4)(D) by striking ``Attorney
General's'' and inserting ``immigration judge's'';
(27) in section 242(b)(8) by striking ``Attorney General''
in each place such term appears and inserting ``Secretary of
Homeland Security'';
(28) in section 242(e)(2)(C) by striking ``as prescribed by
the Attorney General'';
(29) in section 242(e)(3)(A)(ii) by striking ``Attorney
General'' and inserting ``Secretary of Homeland Security'';
(30) in section 242(g) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(31) in section 246(a)--
(A) by striking ``Attorney General'' each place it
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. et seq.), or in any rule prescribed thereunder--
(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 this Act, to the appropriate division of the
Court, or to the corresponding proceedings under this Act
before such Court; 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 established in title VI of the
Immigration and Nationality Act, as added by this Act.
(c) Financial Disclosure Reporting.--Section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (8), 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>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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