I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Real Courts, Rule of Law Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Establishment and structure of the United States Immigration Courts. 


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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. 

1 SEC. 2. ESTABLISHMENT AND STRUCTURE OF THE UNITED 

2 STATES IMMIGRATION COURTS. 

3 (a) UNITED STATES IMMIGRATION COURTS.—The 

4 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 

5 is amended by adding at the end the following: 

6 ‘‘TITLE VI—UNITED STATES 

7 IMMIGRATION COURTS 

8 ‘‘Subtitle A—Organization and 

9 Jurisdiction 

10 ‘‘SEC. 601. ESTABLISHMENT AND STRUCTURE. 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—There is established, under 

13 article I of the Constitution of the United States, a 

14 system of courts of record to be known as the 

15 United States Immigration Courts (referred to in 

16 this Act as the ‘Immigration Courts’). Each such 

17 court of record may be referred to as an ‘immigra18 tion court’. The Immigration Courts is not an agen19 cy of, and shall be independent of, the executive 

20 branch of the Government. 


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1 ‘‘(2) DIVISIONS.—The Immigration Courts shall 

2 consist of an appellate division, a trial division, and 

3 an administrative division. 

4 ‘‘(3) COURT OFFICES.—The principal office of 

5 the Immigration Courts shall be in the Washington, 

6 DC, metropolitan area, but any immigration court 

7 may sit at any place within the United States. 

8 ‘‘(4) COURT SEAL.—The Immigration Courts 

9 shall have a seal which shall be judicially noticed. 

10 ‘‘(b) APPELLATE DIVISION.— 

11 ‘‘(1) IN GENERAL.—The appellate division of 

12 the Immigration Courts shall be composed of 21 im13 migration appeals judges, one of whom shall serve as 

14 chief judge, in accordance with paragraph (3). 

15 ‘‘(2) APPOINTMENT OF IMMIGRATION APPEALS

16 JUDGES.— 

17 ‘‘(A) IN GENERAL.—Each immigration ap18 peals judge shall be appointed by the President, 

19 by and with the advice and consent of the Sen20 ate, consistent with the requirements described 

21 in section 602. 

22 ‘‘(B) TERM OF OFFICE.—Each immigra23 tion appeals judge shall be appointed for a term 

24 of 15 years and may be reappointed for addi25 tional 15-year terms. An immigration appeals 


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1 judge who is not reappointed for an additional 

2 term may continue to serve after the expiration 

3 of the prior term until the earlier of— 

4 ‘‘(i) the date that a successor is ap5 pointed; or 

6 ‘‘(ii) the date that is 1 year after the 

7 expiration of the prior term. 

8 ‘‘(C) SPECIAL RULE.—If an immigration 

9 appeals judge does not serve the entirety of an 

10 appointed term, the resulting vacancy shall be 

11 filled by a successor appointed for the remain12 der of the term in accordance with this para13 graph. At the conclusion of the term, such suc14 cessor may be reappointed in accordance with 

15 subparagraph (B). 

16 ‘‘(3) CHIEF JUDGE.— 

17 ‘‘(A) DESIGNATION.— 

18 ‘‘(i) IN GENERAL.—The chief judge 

19 shall be the immigration appeals judge who 

20 is most senior in appointment among the 

21 immigration appeals judges who, at that 

22 time of appointment to the appellate divi23 sion— 

24 ‘‘(I) have served for 1 or more 

25 years; 


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1 ‘‘(II) have at least 5 years re2 maining in their term of office as an 

3 immigration appeals judge; and 

4 ‘‘(III) have not previously served 

5 as chief judge. 

6 ‘‘(ii) ACTING CHIEF JUDGE.—If no 

7 immigration appeals judge in regular ac8 tive service satisfies all of the requirements 

9 in clause (i), the immigration appeals 

10 judge who is most senior in commission 

11 and who has not previously served as chief 

12 judge shall serve as acting chief judge until 

13 an immigration appeals judge becomes eli14 gible under such clause. 

15 ‘‘(iii) PRECEDENCE.—Immigration 

16 appeals judges who have the same seniority 

17 in commission shall be eligible for service 

18 as chief judge according to seniority in 

19 age. 

20 ‘‘(B) TERM OF OFFICE.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided in clause (ii), the chief judge shall 

23 serve a term that shall end on the earliest 

24 of— 


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1 ‘‘(I) the date that is 5 years after 

2 the date that term begins; 

3 ‘‘(II) the date that the judge is 

4 removed from service for cause in ac5 cordance with section 602(f); 

6 ‘‘(III) the date that the judge 

7 leaves regular active service as an im8 migration appeals judge; and 

9 ‘‘(IV) the date that the judge 

10 provides written notice to the other 

11 immigration appeals judges that such 

12 judge is resigning from service as 

13 chief judge. 

14 ‘‘(ii) CONTINUATION OF SERVICE.—If, 

15 upon conclusion of the chief judge’s term 

16 of office described in clause (i)(I), no other 

17 immigration appeals judge is eligible to as18 sume the role of chief judge as provided in 

19 subparagraph (A), the incumbent shall 

20 continue to serve as chief judge until an21 other immigration appeals judge becomes 

22 eligible. 

23 ‘‘(4) EN BANC EXERCISE OF APPELLATE DIVI24 SION AUTHORITY IN NON-ADJUDICATIVE MAT25 TERS.— 


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1 ‘‘(A) IN GENERAL.—The appellate division 

2 shall exercise only en banc its authority to— 

3 ‘‘(i) appoint immigration trial judges 

4 to the trial division; 

5 ‘‘(ii) remove immigration trial judges 

6 in accordance with section 602(f); 

7 ‘‘(iii) appoint a chief administrative 

8 officer to the administrative division; 

9 ‘‘(iv) promulgate rules and set policies 

10 and procedures of the Immigration Courts; 

11 and 

12 ‘‘(v) address other non-adjudicative 

13 matters that require en banc consideration, 

14 as determined by the chief judge. 

15 ‘‘(B) MAJORITY VOTE.—The appellate divi16 sion shall exercise its en banc authority as pro17 vided in subparagraph (A) by a majority vote, 

18 a quorum being present. 

19 ‘‘(C) QUORUM.—For purposes of this 

20 paragraph, not less than three immigration appeals judges in regular active service or 2 21 ⁄3 of 

22 all immigration appeals judges in regular active 

23 service, whichever is greater, shall constitute a 

24 quorum. 

25 ‘‘(c) TRIAL DIVISION.— 


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1 ‘‘(1) IN GENERAL.—The trial division of the 

2 Immigration Courts shall be composed of immigra3 tion trial courts, the number and geographical loca4 tion of which shall be determined by the administra5 tive council, in accordance with the procedures de6 scribed in subsection (d)(3)(B). Each immigration 

7 trial court shall be overseen by a chief trial judge. 

8 ‘‘(2) APPOINTMENT OF IMMIGRATION TRIAL

9 JUDGES.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 section 603, each immigration trial judge shall 

12 be appointed by the appellate division consistent 

13 with the requirements described in section 602. 

14 ‘‘(B) TERM OF OFFICE.—Each immigra15 tion trial judge shall be appointed for a term of 

16 15 years and may be reappointed for additional 

17 15-year terms. An immigration trial judge who 

18 is not reappointed for an additional term may 

19 continue to serve after the expiration of the 

20 prior term for not more than 1 year or until a 

21 successor is appointed, whichever occurs first. 

22 ‘‘(3) CHIEF TRIAL JUDGES.— 

23 ‘‘(A) DESIGNATION.—The chief judge shall 

24 designate one immigration trial judge to serve 

25 as the chief trial judge for each geographical 


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1 area. If only one immigration trial judge pre2 sides over a geographical area, that judge shall 

3 be designated the chief trial judge. 

4 ‘‘(B) TERM OF OFFICE.—Chief trial judges 

5 shall serve for an initial term of 5 years and 

6 may be reappointed for additional 5-year terms, 

7 or other periods of time that are less than 5 

8 years as determined by the appellate division. 

9 ‘‘(C) RESPONSIBILITIES.—In addition to 

10 fulfilling regular judicial duties, chief trial 

11 judges shall be responsible for— 

12 ‘‘(i) overseeing the administrative op13 erations of the trial division in the geo14 graphical area in which they are located; 

15 and 

16 ‘‘(ii) fulfilling all other duties and re17 sponsibilities articulated in this Act or del18 egated to the chief trial judges by the chief 

19 judge. 

20 ‘‘(d) ADMINISTRATIVE DIVISION.— 

21 ‘‘(1) IN GENERAL.—The administrative division 

22 of the Immigration Courts shall consist of an admin23 istrative office and an administrative council. 


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1 ‘‘(2) ADMINISTRATIVE OFFICE.—The adminis2 trative office shall be managed by a chief adminis3 trative officer, who shall be responsible for— 

4 ‘‘(A) implementing and administering oper5 ational rules, policies, and procedures of the 

6 Immigration Courts established by the appellate 

7 division or the administrative council; 

8 ‘‘(B) assisting the administrative council in 

9 executing its responsibilities as described in 

10 paragraph (3); and 

11 ‘‘(C) fulfilling all other administrative du12 ties and responsibilities articulated in this Act 

13 or delegated by the chief judge. 

14 ‘‘(3) ADMINISTRATIVE COUNCIL.— 

15 ‘‘(A) IN GENERAL.—The chief judge of the 

16 appellate division shall summon annually the 

17 chief trial judge of each court of the trial divi18 sion to a meeting at such time and place in the 

19 United States as the chief judge may designate. 

20 The chief judge shall preside at such meeting 

21 which shall be known as the administrative 

22 council of the Immigration Courts. Special ses23 sions of the council may be called by the chief 

24 judge at such times and places as the chief 

25 judge may designate. If the chief trial judge of 


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1 any court of the trial division is unable to at2 tend, the chief judge may summon any other 

3 judge from such court. Every judge summoned 

4 shall attend and, unless excused by the chief 

5 judge, shall remain throughout the sessions of 

6 the council and advise as to the needs of that 

7 judge’s court and as to any matters in respect 

8 of which the administration of justice in the 

9 Immigration Courts may be improved. 

10 ‘‘(B) DETERMINATION OF NUMBER OF RE11 QUIRED JUDGES AND GEOGRAPHICAL AREAS OF

12 SERVICE.— 

13 ‘‘(i) SURVEY.—Not later than 1 year 

14 after the application date described in sec15 tion 6 of the Real Courts, Rule of Law Act 

16 of 2024, and every 4 years thereafter, the 

17 administrative council shall conduct a sur18 vey, which shall include the solicitation of 

19 information and recommendations from the 

20 public, to determine the number of immi21 gration trial courts required to provide for 

22 the expeditious and effective administra23 tion of justice, as well as the geographical 

24 areas to be served by such courts. In conVerDate Sep 11 2014 03:16 Apr 03, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7724.IH H7724

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1 ducting the survey, the administrative 

2 council shall— 

3 ‘‘(I) assess the continuing need 

4 for existing immigration trial court 

5 positions and the need for additional 

6 positions in each geographical loca7 tion; 

8 ‘‘(II) evaluate local conditions in 

9 each geographical location, including 

10 the proximity to populations to be 

11 served, the quality and availability of 

12 infrastructure to support transpor13 tation and communication, and the 

14 availability of legal services for indi15 gent and non-English speaking indi16 viduals; 

17 ‘‘(III) consider proximity and ac18 cess to judicial and Department of 

19 Homeland Security facilities; and 

20 ‘‘(IV) consider the allocation of 

21 immigration trial courts and judges 

22 among existing geographical areas 

23 and whether the administration of 

24 justice would be better served by the 


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1 presence of immigration trial courts 

2 and judges in new or different areas. 

3 ‘‘(ii) PUBLICATION OF SURVEY RE4 SULTS.—The administrative council shall 

5 publish the results of the survey described 

6 in subparagraph (A). 

7 ‘‘(iii) NOTICE OF VACANCIES.—The 

8 administrative council shall publish notice 

9 of any immigration judge vacancies or new 

10 staff positions. 

11 ‘‘(C) MERIT SELECTION PANEL.— 

12 ‘‘(i) APPOINTMENT OF IMMIGRATION

13 JUDGES.—The administrative council shall 

14 establish a merit selection panel to assist 

15 in identifying and recommending individ16 uals who are best qualified to serve as im17 migration judges, consistent with sub18 sections (a), (b), and (c) of section 602. 

19 ‘‘(ii) COMPOSITION.—The panel de20 scribed in paragraph (1) shall consist of 

21 qualified individuals with experience in a 

22 diverse range of settings, including aca23 demia, nongovernmental organizations, pri24 vate immigration practice, and government 

25 service. 


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1 ‘‘SEC. 602. IMMIGRATION APPEALS JUDGES AND TRIAL 

2 JUDGES. 

3 ‘‘(a) QUALIFICATIONS OF IMMIGRATION JUDGES.— 

4 Each immigration judge shall— 

5 ‘‘(1) be a member in good standing of the bar 

6 of a Federal court or the highest court of a State, 

7 or any combination thereof, for not less than 10 

8 years; 

9 ‘‘(2) possess, and have a reputation for, integ10 rity and good character; 

11 ‘‘(3) possess and have demonstrated a commit12 ment to equal justice under the law; 

13 ‘‘(4) possess and have demonstrated out14 standing legal ability and competence, as evidenced 

15 by substantial legal experience, ability to deal with 

16 complex legal problems, aptitude for legal scholar17 ship and writing, and familiarity with courts and 

18 court processes; 

19 ‘‘(5) exhibit demeanor, character, and person20 ality that indicate a judicial temperament; and 

21 ‘‘(6) be qualified to conduct fair and impartial 

22 hearings that are consistent with due process. 

23 ‘‘(b) ADDITIONAL FACTORS FOR THE APPOINTMENT

24 OF IMMIGRATION JUDGES.—In appointing immigration 

25 judges, the President and the appellate division shall en26 sure that— 


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1 ‘‘(1) qualified candidates are identified without 

2 regard to race, color, sex, religion, national origin, 

3 disability, age, or any other factor protected under 

4 Federal law; 

5 ‘‘(2) to the extent practicable, the corps of im6 migration judges— 

7 ‘‘(A) is comprised primarily of individuals 

8 with prior legal experience in immigration law; 

9 and 

10 ‘‘(B) reflects a balance of individuals with 

11 prior legal experience in the public sector and 

12 private sector; and 

13 ‘‘(3) candidates are selected without regard to 

14 political party affiliation or perceived political ide15 ology. 

16 ‘‘(c) PROHIBITED RELATIONSHIPS.—No individual 

17 may be appointed as an immigration trial judge if such 

18 individual is related by blood in the first-, second-, or 

19 third-degree, or by marriage to a immigration appeals 

20 judge in regular active service. 

21 ‘‘(d) CONTINUING EDUCATION.—In addition to the 

22 training required under section 603(c) of the International 

23 Religious Freedom Act of 1998 (22 U.S.C. 6473(c)), all 

24 immigration judges shall be required to satisfy continuing 


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1 education requirements, as determined by the administra2 tive council. 

3 ‘‘(e) SALARIES.— 

4 ‘‘(1) IMMIGRATION APPEALS JUDGES.—Each 

5 immigration appeals judge shall serve on a full-time 

6 basis and shall receive as compensation for such 

7 services, an annual salary that is equal to the salary 

8 of a judge of the district court of the United States 

9 as determined pursuant to section 135 of title 28, 

10 United States Code. 

11 ‘‘(2) IMMIGRATION TRIAL JUDGES.—Each im12 migration trial judge shall serve on a full-time basis 

13 and shall receive as compensation for such services, 

14 an annual salary that is equal to 92 percent of the 

15 salary of a judge of the district court of the United 

16 States as determined pursuant to section 135 of title 

17 28, United States Code. 

18 ‘‘(3) PROHIBITION ON THE PRACTICE OF

19 LAW.—No immigration judge may engage in the 

20 practice of law or any other practice, business, occu21 pation, or employment that is inconsistent with the 

22 expeditious, proper, and impartial performance of 

23 such judge’s duties. 

24 ‘‘(f) REMOVAL.— 


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1 ‘‘(1) IN GENERAL.—An immigration judge may 

2 be removed from office only on grounds of inca3 pacity, misconduct, neglect of duty, or having en4 gaged in the practice of law, and in accordance with 

5 the following: 

6 ‘‘(A) An immigration appeals judge may be 

7 removed from office by the President. 

8 ‘‘(B) An immigration trial judge may be 

9 removed from office by the appellate division. 

10 ‘‘(C) No immigration judge may be re11 moved from office unless such judge is provided 

12 with notice of the allegations forming the basis 

13 for removal and an opportunity to appear in 

14 person at a hearing to rebut such allegations. 

15 ‘‘(2) COMPLAINTS.— 

16 ‘‘(A) IN GENERAL.—The appellate division 

17 shall promulgate rules, consistent with chapter 

18 16 of title 28, United States Code, for receiv19 ing, investigating, and resolving complaints re20 garding the conduct of immigration judges. In 

21 investigating and acting upon any such com22 plaint, the appellate division shall have the pow23 ers granted to a judicial council under such 

24 chapter. 


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1 ‘‘(B) JUDICIAL CONFERENCE.—The provi2 sions of sections 354(b) through 360 of title 28, 

3 United States Code, regarding referral or cer4 tification to, and petition for review in the Judi5 cial Conference of the United States, and action 

6 thereon, shall apply to the exercise of the pow7 ers of a judicial council by the appellate divi8 sion. The grounds for removal specified in para9 graph (1) shall provide the basis for a deter10 mination to refer a complaint to the Judicial 

11 Conference, for further action by the Con12 ference, and for certification and transmittal by 

13 the Conference of any complaint to the Presi14 dent. 

15 ‘‘(g) RETIREMENT.— 

16 ‘‘(1) Any immigration judge shall retire upon 

17 attaining the age of 80. 

18 ‘‘(2) Any immigration judge who meets the age 

19 and service requirements set forth in the following 

20 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. 


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1 ‘‘(3) Any immigration judge who is not re2 appointed following the expiration of the term of his 

3 office may retire upon the completion of such term, 

4 if— 

5 ‘‘(A) he has served as an immigration 

6 judge for 15 years or more; and 

7 ‘‘(B) not earlier than 9 months preceding 

8 the date of the expiration of the term of his of9 fice and not later than 6 months preceding such 

10 date, he advised the President or the appellate 

11 division, as appropriate, in writing that he was 

12 willing to accept reappointment as an immigra13 tion judge. 

14 ‘‘(4) Any immigration judge who becomes per15 manently disabled from performing his duties shall 

16 retire. 

17 ‘‘(h) RETIRED PAY.—Any individual who— 

18 ‘‘(1) retires under paragraph (1), (2), or (3) of 

19 subsection (g) and elects under subsection (i) to re20 ceive retired pay under this subsection shall receive 

21 retired pay during any period at a rate which bears 

22 the same ratio to the rate of the salary payable to 

23 an immigration judge during such period as the 

24 number of years he has served as immigration judge 

25 bears to 10; except that the rate of such retired pay 


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1 shall not be more than the rate of such salary for 

2 such period; or 

3 ‘‘(2) retires under paragraph (4) of subsection 

4 (b) and elects under subsection (i) to receive retired 

5 pay under this subsection shall receive retired pay 

6 during any period at a rate— 

7 ‘‘(A) equal to the rate of the salary pay8 able to an immigration judge during such pe9 riod if before he retired he had served as an im10 migration judge not less than 10 years; or 

11 ‘‘(B) one-half of the rate of the salary pay12 able to an immigration judge during such pe13 riod if before he retired he had served as an im14 migration judge less than 10 years. 

15 Such retired pay shall begin to accrue on the day following 

16 the day on which his salary as immigration judge ceases 

17 to accrue, and shall continue to accrue during the remain18 der of his life. Retired pay under this subsection shall be 

19 paid in the same manner as the salary of an immigration 

20 judge. In computing the rate of the retired pay under 

21 paragraph (1) of this subsection for any individual who 

22 is entitled thereto, that portion of the aggregate number 

23 of years he has served as an immigration judge which is 

24 a fractional part of 1 year shall be eliminated if it is less 

25 than 6 months, or shall be counted as a full year if it 


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1 is 6 months or more. In computing the rate of the retired 

2 pay under paragraph (1) of this subsection for any indi3 vidual who is entitled thereto, any period during which 

4 such individual performs services under subsection (c) on 

5 a substantially full-time basis shall be treated as a period 

6 during which he has served as an immigration judge. 

7 ‘‘(i) ELECTION TO RECEIVE RETIRED PAY.—Any 

8 immigration judge may elect to receive retired pay under 

9 subsection (h). Such an election— 

10 ‘‘(1) may be made only while an individual is an 

11 immigration judge (except that in the case of an in12 dividual who fails to be reappointed as immigration 

13 judge at the expiration of a term of office, it may 

14 be made at any time before the day after the day 

15 on which his successor takes office); 

16 ‘‘(2) once made, shall be irrevocable; 

17 ‘‘(3) in the case of any immigration judge other 

18 than the chief judge, shall be made by filing notice 

19 thereof in writing with the chief judge; and 

20 ‘‘(4) in the case of the chief judge, shall be 

21 made by filing notice thereof in writing with the Of22 fice of Personnel Management. 

23 The chief judge shall transmit to the Office of Personnel 

24 Management a copy of each notice filed with him under 

25 this subsection. 


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1 ‘‘(j) RETIRED PAY AFFECTED IN CERTAIN CASES.— 

2 In the case of an individual for whom an election to receive 

3 retired pay under subsection (h) is in effect— 

4 ‘‘(1) 1-YEAR FORFEITURE FOR FAILURE TO

5 PERFORM JUDICIAL DUTIES.—If such individual 

6 during any calendar year fails to perform judicial 

7 duties required of him by section 603, such indi8 vidual shall forfeit all rights to retired pay under 

9 subsection (d) for the 1-year period which begins on 

10 the first day on which he so fails to perform such 

11 duties. 

12 ‘‘(2) SUSPENSION OF RETIRED PAY DURING PE13 RIOD OF COMPENSATED GOVERNMENT SERVICE.—If 

14 such individual accepts compensation for civil office 

15 or employment under the Government of the United 

16 States (other than the performance of judicial duties 

17 pursuant to section 603), such individual shall for18 feit all rights to retired pay under subsection (h) for 

19 the period for which such compensation is received. 

20 ‘‘(3) FORFEITURES OF RETIRED PAY UNDER

21 PARAGRAPH (1) NOT TO APPLY WHERE INDIVIDUAL

22 ELECTS TO FREEZE AMOUNT OF RETIRED PAY.— 

23 ‘‘(A) IN GENERAL.—If any individual 

24 makes an election under this paragraph— 


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1 ‘‘(i) paragraph (1) and section 603 

2 shall not apply to such individual begin3 ning on the date such election takes effect, 

4 and 

5 ‘‘(ii) the retired pay under subsection 

6 (h) payable to such individual for periods 

7 beginning on or after the date such elec8 tion takes effect shall be equal to the re9 tired pay to which such individual would be 

10 entitled without regard to this clause at 

11 the time of such election. 

12 ‘‘(B) ELECTION.—An election under this 

13 paragraph— 

14 ‘‘(i) may be made by an individual 

15 only if such individual meets the age and 

16 service requirements for retirement under 

17 paragraph (2) of subsection (g), 

18 ‘‘(ii) may be made only during the pe19 riod during which the individual may make 

20 an election to receive retired pay or while 

21 the individual is receiving retired pay, and 

22 ‘‘(iii) shall be made in the same man23 ner as the election to receive retired pay. 

24 Such an election, once it takes effect, shall be 

25 irrevocable. 


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1 ‘‘(C) WHEN ELECTION TAKES EFFECT.— 

2 Any election under this paragraph shall take ef3 fect on the first day of the first month following 

4 the month in which the election is made. 

5 ‘‘(k) COORDINATION WITH CIVIL SERVICE RETIRE6 MENT.— 

7 ‘‘(1) GENERAL RULE.—Except as otherwise 

8 provided in this subsection, the provisions of the civil 

9 service retirement laws (including the provisions re10 lating to the deduction and withholding of amounts 

11 from basic pay, salary, and compensation) shall 

12 apply in respect of service as an immigration judge 

13 (together with other service as an officer or em14 ployee to whom such civil service retirement laws 

15 apply) as if this section had not been enacted. 

16 ‘‘(2) EFFECT OF ELECTING RETIRED PAY.—In 

17 the case of any individual who has filed an election 

18 to receive retired pay under subsection (h)— 

19 ‘‘(A) no annuity or other payment shall be 

20 payable to any person under the civil service re21 tirement laws with respect to any service per22 formed by such individual (whether performed 

23 before or after such election is filed and wheth24 er performed as immigration judge or other25 wise); 


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1 ‘‘(B) no deduction for purposes of the Civil 

2 Service Retirement and Disability Fund shall be 

3 made from retired pay payable to him under 

4 subsection (h) or from any other salary, pay, or 

5 compensation payable to him, for any period be6 ginning after the day on which such election is 

7 filed; and 

8 ‘‘(C) such individual shall be paid the 

9 lump-sum credit computed under section 

10 8331(8) of title 5, United States Code, upon 

11 making application therefor with the Office of 

12 Personnel Management. 

13 ‘‘(l) RETIREMENT FOR DISABILITY.— 

14 ‘‘(1) Any immigration judge who becomes per15 manently disabled from performing his duties shall 

16 certify to the President, or the appellate division, as 

17 applicable, his disability in writing. If the chief judge 

18 retires for disability, his retirement shall not take ef19 fect until concurred in by the President. 

20 ‘‘(2) Whenever any immigration judge who be21 comes permanently disabled from performing his du22 ties does not retire or the appellate division, as ap23 plicable, and the President finds that such immigra24 tion judge is unable to discharge efficiently all the 

25 duties of his office by reason of permanent mental 


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1 or physical disability and that the appointment of an 

2 additional immigration judge is necessary for the ef3 ficient dispatch of business, the President or the ap4 pellate division, as applicable, shall declare such im5 migration judge to be retired. 

6 ‘‘(m) REVOCATION OF ELECTION TO RECEIVE RE7 TIRED PAY.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

9 (e)(2), an individual who has filed an election to re10 ceive retired pay under subsection (h) may revoke 

11 such election at any time before the first day on 

12 which retired pay (or compensation under section 

13 603 in lieu of retired pay) would (but for such rev14 ocation) begin to accrue with respect to such indi15 vidual. 

16 ‘‘(2) MANNER OF REVOKING.—Any revocation 

17 under this subsection shall be made by filing a no18 tice thereof in writing with the Director of the Office 

19 of Personnel Management. The Office of Personnel 

20 Management shall transmit to the chief judge a copy 

21 of each notice filed under this subsection. 

22 ‘‘(3) EFFECT OF REVOCATION.—In the case of 

23 any revocation under this subsection— 

24 ‘‘(A) for purposes of this section, the indi25 vidual shall be treated as not having filed an 


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1 election to receive retired pay under subsection 

2 (h), 

3 ‘‘(B) no credit shall be allowed for any 

4 service as an immigration judge unless with re5 spect to such service either there has been de6 ducted and withheld the amount required by 

7 the civil service retirement laws or there has 

8 been deposited in the Civil Service Retirement 

9 and Disability Fund an amount equal to the 

10 amount so required, with interest, 

11 ‘‘(C) the Immigration Courts shall deposit 

12 in the Civil Service Retirement and Disability 

13 Fund an amount equal to the additional 

14 amount it would have contributed to such Fund 

15 but for the election under subsection (i), and 

16 ‘‘(D) if subparagraph (C) is complied with, 

17 service on the Immigration Courts shall be 

18 treated as service with respect to which deduc19 tions and contributions had been made during 

20 the period of service. 

21 ‘‘(n) THRIFT SAVINGS PLAN.— 

22 ‘‘(1) ELECTION TO CONTRIBUTE.— 

23 ‘‘(A) IN GENERAL.—An immigration judge 

24 may elect to contribute to the Thrift Savings 


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1 Fund established by section 8437 of title 5, 

2 United States Code. 

3 ‘‘(B) PERIOD OF ELECTION.—An election 

4 may be made under this paragraph only during 

5 a period provided under section 8432(b) of title 

6 5, United States Code, for individuals subject to 

7 chapter 84 of such title. 

8 ‘‘(2) APPLICABILITY OF TITLE 5 PROVISIONS.— 

9 Except as otherwise provided in this subsection, the 

10 provisions of subchapters III and VII of chapter 84 

11 of title 5, United States Code, shall apply with re12 spect to an immigration judge who makes an elec13 tion under paragraph (1). 

14 ‘‘(3) SPECIAL RULES.— 

15 ‘‘(A) AMOUNT CONTRIBUTED.—The 

16 amount contributed by an immigration judge to 

17 the Thrift Savings Fund in any pay period shall 

18 not exceed the maximum percentage of such im19 migration judge’s basic pay for such period as 

20 allowable under section 8440f of title 5, United 

21 States Code. Basic pay does not include any re22 tired pay paid pursuant to this section. 

23 ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF

24 IMMIGRATION JUDGE.—No contributions may 

25 be made for the benefit of an immigration judge 


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1 under section 8432(c) of title 5, United States 

2 Code. 

3 ‘‘(C) APPLICABILITY OF SECTION 8433(b) 

4 OF TITLE 5 WHETHER OR NOT IMMIGRATION

5 JUDGE RETIRES.—Section 8433(b) of title 5, 

6 United States Code, applies with respect to an 

7 immigration judge who makes an election under 

8 paragraph (1) and who either— 

9 ‘‘(i) retires under subsection (g), or 

10 ‘‘(ii) ceases to serve as an immigra11 tion judge but does not retire under sub12 section (g). 

13 Retirement under subsection (b) is a separation 

14 from service for purposes of subchapters III 

15 and VII of chapter 84 of that title. 

16 ‘‘(D) APPLICABILITY OF SECTION

17 8351(b)(5) OF TITLE 5.—The provisions of sec18 tion 8351(b)(5) of title 5, United States Code, 

19 shall apply with respect to an immigration 

20 judge who makes an election under paragraph 

21 (1). 

22 ‘‘(E) EXCEPTION.—Notwithstanding sub23 paragraph (C), if any immigration judge retires 

24 under this section, or resigns without having 

25 met the age and service requirements set forth 


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1 under subsection (g)(2), and such immigration 

2 judge’s nonforfeitable account balance is less 

3 than an amount that the Executive Director of 

4 the Federal Retirement Thrift Investment 

5 Board prescribes by regulation, the Executive 

6 Director shall pay the nonforfeitable account 

7 balance to the participant in a single payment. 

8 ‘‘SEC. 603. TEMPORARY IMMIGRATION JUDGES AND COURT 

9 FACILITIES. 

10 ‘‘(a) IN GENERAL.—Subject to subsection (c), if the 

11 administrative council determines, based on specific and 

12 credible facts, that the current resources of the Immigra13 tion Courts are insufficient for the expeditious and effec14 tive administration of justice, the appellate division may 

15 exercise its authority en banc to— 

16 ‘‘(1) appoint temporary immigration trial 

17 judges, which appointment shall be undertaken in a 

18 manner consistent with the requirements of section 

19 602, to the extent practicable; 

20 ‘‘(2) recall retired immigration trial or appeals 

21 judges, as described in subsection (b); and 

22 ‘‘(3) establish temporary court facilities in des23 ignated geographic areas. 

24 ‘‘(b) RECALL OF RETIRED JUDGES.— 


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1 ‘‘(1) ELIGIBILITY.—A retired immigration 

2 judge may be recalled for service if the judge pro3 vides to the clerk of the Immigration Courts written 

4 notice that the judge is willing to be recalled for 

5 service in accordance with the terms of this sub6 section. 

7 ‘‘(2) AUTHORITY OF RECALLED JUDGES.—An 

8 immigration judge who is recalled to serve as an im9 migration appeals judge or immigration trial judge 

10 may exercise all of the judicial powers and duties of 

11 such judges in regular active service, except as spe12 cifically provided in this subtitle. Such judge shall 

13 not be counted for purposes of section 601(b)(1) or 

14 (c)(2). 

15 ‘‘(3) COMPENSATION.—An immigration judge 

16 who is recalled for service shall be paid at the rate 

17 of pay in effect under section 602(e) for the position 

18 at the time of such recall, less the amount of the 

19 judge’s retirement annuity, if any. 

20 ‘‘(4) EFFECT ON CIVIL SERVICE RETIRE21 MENT.—Except as provided in subsection (d), an im22 migration judge who is recalled for service who re23 tired under chapter 83 or 84 of title 5, United 

24 States Code, shall be considered to be a reemployed 

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1 section affects the right of an immigration judge 

2 who retired under chapter 83 or 84 of title 5, United 

3 States Code, to serve as a reemployed annuitant in 

4 accordance with the provisions of title 5, United 

5 States Code. 

6 ‘‘(c) REPORTING REQUIREMENTS.— 

7 ‘‘(1) INITIAL REPORT.—Prior to exercising the 

8 authority described in subsection (a), the appellate 

9 division shall transmit a report to the Committee on 

10 the Judiciary of the House of Representatives and 

11 the Committee on the Judiciary of the Senate detail12 ing— 

13 ‘‘(A) the specific and credible facts that led 

14 to the determination that additional court re15 sources are required; 

16 ‘‘(B) an assessment as to the number of 

17 temporary immigration judges or court facilities 

18 that are required; and 

19 ‘‘(C) an estimate as to how long the appel20 late division expects the immigration judges or 

21 court facilities described in subsection (a) to re22 main in place. 

23 ‘‘(2) ADDITIONAL REPORTING.—Not later than 

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1 late division shall report to the Committees named 

2 in paragraph (1) on the current status of the Immi3 gration Courts and the continuing need for the tem4 porary immigration judges or court facilities. 

5 ‘‘(3) REDUCTION IN RESOURCES AND TERMI6 NATION.— 

7 ‘‘(A) GRADUAL REDUCTION IN RE8 SOURCES.—The appellate division shall, exer9 cising its authority en banc in accordance with 

10 section 601(b)(4), terminate the appointment of 

11 individual temporary immigration judges and 

12 close individual temporary court facilities as the 

13 appellate division, in consultation with the ad14 ministrative council, determines they are no 

15 longer required. For purposes of this subpara16 graph, section 602(g) does not apply. 

17 ‘‘(B) TERMINATION.—All temporary immi18 gration judge appointments shall be rescinded 

19 and all temporary court facilities closed upon 

20 the earliest of— 

21 ‘‘(i) the date that the appellate divi22 sion determines, in consultation with the 

23 administrative council, that regular court 

24 resources are sufficient to resume normal 

25 court operations; 


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1 ‘‘(ii) the date that Congress directs 

2 that such actions be taken by concurrent 

3 resolution; or 

4 ‘‘(iii) 210 days after the appellate di5 vision submits its initial report under para6 graph (1)(A), unless Congress extends 

7 such 210-day period by law. 

8 ‘‘SEC. 604. JURISDICTION. 

9 ‘‘(a) APPELLATE DIVISION JURISDICTION.— 

10 ‘‘(1) IN GENERAL.—The appellate division of 

11 the Immigration Courts shall have jurisdiction 

12 over— 

13 ‘‘(A) appeals of immigration trial judge de14 cisions, as described in section 625(c); 

15 ‘‘(B) appeals of decisions by the Secretary 

16 of Homeland Security on petitions filed under 

17 section 204 to classify an alien described in sec18 tion 201(b)(2)(A)(i) or 203(a); and 

19 ‘‘(C) original proceedings and appeals in 

20 disciplinary matters concerning attorneys and 

21 practitioners before the Immigration Courts. 

22 ‘‘(2) SAVINGS CLAUSE.—In addition to the mat23 ters described in paragraph (1), the appellate divi24 sion shall have jurisdiction to hear and decide all 

25 other matters over which the Board of Immigration 


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1 Appeals had authority on the day before the applica2 tion date described in section 6(a) of the Real 

3 Courts, Rule of Law Act of 2024. 

4 ‘‘(b) TRIAL DIVISION JURISDICTION.— 

5 ‘‘(1) IN GENERAL.—The trial division of the 

6 Immigration Courts shall have original jurisdiction 

7 over— 

8 ‘‘(A) removal proceedings as described in 

9 sections 238 and 240; 

10 ‘‘(B) review of rescissions of lawful perma11 nent residence under section 246; 

12 ‘‘(C) review of credible fear determinations 

13 under section 235 and reasonable fear deter14 minations for aliens subject to reinstated orders 

15 of removal under section 241; 

16 ‘‘(D) review of applications for asylum re17 ferred by the Secretary of Homeland Security 

18 where the applicant is barred from being placed 

19 in removal proceedings under section 240, and 

20 referrals for protection under section 241(b)(3) 

21 or the United Nations Convention Against Tor22 ture where the individual is not in removal pro23 ceedings and is barred from asylum under this 

24 Act; 


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1 ‘‘(E) determinations relating to bond, cus2 tody, or the detention of any alien in the cus3 tody of the Department of Homeland Security; 

4 ‘‘(F) determinations as to whether admin5 istrative actions arising from applications or pe6 titions filed by or on behalf of the alien and 

7 that are pending during the course of the 

8 alien’s removal proceedings under section 240 

9 have been unlawfully withheld or unreasonably 

10 delayed; and 

11 ‘‘(G) disciplinary matters concerning attor12 neys and practitioners before the Immigration 

13 Courts. 

14 ‘‘(2) SAVINGS CLAUSE.—In addition to the mat15 ters described in paragraph (1), the trial division 

16 shall have jurisdiction to hear and decide all other 

17 matters over which immigration judges had author18 ity on the day before the application date described 

19 in section 6(a) of the Real Courts, Rule of Law Act 

20 of 2024. 

21 ‘‘Subtitle B—Procedure and 

22 Appellate Review 

23 ‘‘SEC. 621. PROCEEDINGS. 

24 ‘‘(a) TRIAL DIVISION PROCEEDINGS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in sec2 tion 604(a), all proceedings before the Immigration 

3 Courts shall originate in the trial division. Pro4 ceedings before the trial division shall be heard and 

5 decided by a single immigration trial judge, with 

6 matters assigned to such judges in a manner deter7 mined by the appellate division. 

8 ‘‘(2) AUTHORITY OF TRIAL DIVISION.—In pre9 siding over matters before the trial division, immi10 gration trial judges may— 

11 ‘‘(A) record and receive evidence, admin12 ister oaths, examine and cross-examine wit13 nesses, set deadlines, and render findings of 

14 fact and conclusions of law; 

15 ‘‘(B) render decisions on respondents’ 

16 prima facie and discretionary eligibility for re17 lief from removal; and 

18 ‘‘(C) order and take depositions, issue sub19 poenas requiring the attendance and testimony 

20 of witnesses and the production of documents 

21 or other evidence, and order responses to writ22 ten interrogatories. 

23 ‘‘(b) APPELLATE DIVISION PROCEEDINGS.— 

24 ‘‘(1) IN GENERAL.—Except as provided by rules 

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1 fore the appellate division shall be heard and decided 

2 by immigration appeals judges sitting in panels of 

3 three such judges or en banc, and decisions shall be 

4 made by majority vote. Any decision of a panel may 

5 be reconsidered by the court sitting en banc. 

6 ‘‘(2) PRECEDENCE IN APPELLATE DIVISION.— 

7 The chief judge of the Immigration Courts shall 

8 have precedence and preside at any session of the 

9 appellate division that such judge attends. Other im10 migration appeals judges shall have precedence and 

11 preside in the appellate division according to the se12 niority of their original commissions and, for judges 

13 whose commissions bear the same date, according to 

14 seniority in age. 

15 ‘‘(c) CONTEMPT AUTHORITY.— 

16 ‘‘(1) IN GENERAL.—Immigration judges shall 

17 have the authority, to sanction by civil money pen18 alty, any individual whose action or inaction ob19 structs the administration of justice or is otherwise 

20 in contempt of the lawful authority of such judge or 

21 the Immigration Courts. 

22 ‘‘(2) NOTICE.—No individual may be sanc23 tioned for contempt under paragraph (1) without 

24 first receiving notice of the charges and an oppor25 tunity to rebut such charges. 


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1 ‘‘(d) ASSISTANCE TO THE COURT.—The Immigration 

2 Courts shall have such assistance in carrying out its lawful 

3 writ, process, order, rule, decree, or command, including 

4 nationwide service of a subpoena, as is available to a court 

5 of the United States, as that term is defined in section 

6 451 of title 28, United States Code. The United States 

7 marshal for a district in which the immigration trial judge 

8 is sitting shall, if requested by the presiding judge, attend 

9 any court proceeding in that district, and may otherwise 

10 provide, when requested by the chief trial judge of that 

11 immigration trial court, for the security of the immigra12 tion trial court, including the personal protection of 

13 judges, court officers, witnesses, and other threatened per14 sons in the interests of justice, where criminal intimidation 

15 impedes on the functioning of the judicial process or any 

16 other official proceeding. The United States Marshals 

17 Service retains final authority regarding security require18 ments for the Immigration Courts. 

19 ‘‘(e) OPINIONS AND ORDERS.— 

20 ‘‘(1) IN GENERAL.—Opinions and orders shall 

21 be issued in accordance with rules promulgated by 

22 the appellate division, except that decisions on the 

23 merits of an application or request for relief from re24 moval rendered by the trial division or the appellate 

25 division shall, to the greatest extent practicable, be 


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1 issued in the form of a written opinion and shall in2 clude an analysis of the facts of the case and the 

3 legal reasoning for the decision. 

4 ‘‘(2) PRECEDENTS.—Unless subsequently modi5 fied or reversed by the appellate division, the court 

6 of appeals for the respective judicial circuit, or the 

7 Supreme Court, precedent decisions of the appellate 

8 division shall be binding on all immigration judges 

9 and all officers and employees of executive agencies 

10 (as defined in section 105 of title 5, United States 

11 Code) with powers, functions, and duties under this 

12 Act and other laws relating to the immigration and 

13 naturalization of aliens. 

14 ‘‘(f) RECUSAL OF JUDGES.—Section 455 of title 28, 

15 United States Code, shall apply to all immigration judges 

16 and proceedings of the Immigration Courts. 

17 ‘‘SEC. 622. IMMIGRATION COURTS RULES OF PRACTICE AND 

18 PROCEDURE. 

19 ‘‘(a) IN GENERAL.—Exercising its en banc authority, 

20 the appellate division shall promulgate rules of practice 

21 and procedure before the trial division and the appellate 

22 division, including— 

23 ‘‘(1) rules governing the representation of par24 ties, which shall— 


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1 ‘‘(A) provide for the admission of qualified 

2 attorneys to practice before the Immigration 

3 Courts and, as appropriate, for the admission of 

4 qualified non-attorney representatives; 

5 ‘‘(B) prescribe standards of practice and 

6 professional conduct, which shall apply to all at7 torneys and practitioners that appear before the 

8 Immigration Courts; and 

9 ‘‘(C) provide for disciplinary proceedings 

10 before the Immigration Courts for attorneys 

11 and practitioners who do not comply with the 

12 standards described in subparagraph (B); 

13 ‘‘(2) rules governing the exercise of the appel14 late division’s en banc authority over adjudicative 

15 matters, including decisions of an appellate division 

16 panel; 

17 ‘‘(3) rules setting forth the types of matters 

18 that are appropriate for review by a single appellate 

19 judge; 

20 ‘‘(4) subject to section 621(e), rules governing 

21 the issuance of opinions and written orders, and 

22 precedent decisions; 

23 ‘‘(5) rules governing the use of video teleconfer24 encing technology or other similar technologies, with 

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1 encing in proceedings where the alien’s eligibility for 

2 relief from removal is being evaluated, unless re3 quested by the alien; 

4 ‘‘(6) procedures, consistent with section 

5 602(f)(2) for receiving, investigating, and resolving 

6 complaints regarding the conduct of immigration 

7 judges; and 

8 ‘‘(7) all other policies, and procedures assigned 

9 to the appellate division as described in this title. 

10 ‘‘(b) LOCAL RULES.—Each chief trial judge may es11 tablish local rules of practice and procedure, provided 

12 that— 

13 ‘‘(1) such rules are consistent with the provi14 sions of this title; 

15 ‘‘(2) a majority of immigration trial judges on 

16 the immigration trial court of that chief judge con17 cur to the local rules; and 

18 ‘‘(3) the chief judge approves the local rules. 

19 ‘‘(c) IMMIGRATION COURT FEES.— 

20 ‘‘(1) IN GENERAL.—The appellate division shall 

21 prescribe rules which provide for the collection of 

22 reasonable filing fees and other fees, as appropriate. 

23 Each such fee may not exceed the fee charged and 

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1 pose by the Federal district courts or the Depart2 ment of Homeland Security. 

3 ‘‘(2) WAIVER.—Rules promulgated by the ap4 pellate division shall include procedures under which 

5 any such fee may be waived in the case of financial 

6 hardship. 

7 ‘‘(d) PUBLICATION OF RULES AND FEES.—The ad8 ministrative division shall maintain a public website that 

9 contains or consolidates current information on all rules 

10 and fees of the Immigration Courts, including all local 

11 rules established under this subsection. 

12 ‘‘SEC. 623. REPRESENTATION OF PARTIES AND OTHER AS13 SISTANCE. 

14 ‘‘(a) RIGHT TO COUNSEL.—In any proceeding before 

15 the Immigration Courts, the person or party concerned 

16 shall have the privilege of being represented (at no expense 

17 to the Government) by such counsel, authorized to practice 

18 before the Immigration Courts, of their own choosing. 

19 ‘‘(b) INTERPRETERS.—The Immigration Courts shall 

20 establish a program to ensure the use of qualified inter21 preters in proceedings before the Immigration Courts. 

22 ‘‘(c) LEGAL ORIENTATION PROGRAM.—The Immi23 gration Courts shall maintain, through agreements with 

24 legal services and other nonprofit organizations, a legal 

25 orientation program that explains the Court’s procedures 


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1 and provides basic legal information to individuals who are 

2 or may become parties to proceedings before the Immigra3 tion Courts. 

4 ‘‘SEC. 624. AVAILABILITY OF INFORMATION. 

5 ‘‘(a) PUBLICATION OF PRECEDENT DECISIONS.— 

6 Precedent decisions of the appellate division shall be pub7 lished in such form and manner as may be best adapted 

8 for public information and use. 

9 ‘‘(b) PUBLICATION OF NON-PRECEDENT DECISIONS

10 AND RECORDS.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

12 all non-precedent decisions of the Immigration 

13 Courts and all briefs, motions, documents, and ex14 hibits received by such court (including hearing 

15 transcripts) shall be made available to the public. 

16 ‘‘(2) CONFIDENTIAL INFORMATION.—The Im17 migration Courts shall preserve the confidentiality of 

18 information relating to matters involving national se19 curity, asylum and other forms of protection, and 

20 claims under the Violence Against Women Act (Pub21 lic Law 103–322, title IV, 108 Stat. 1902), as 

22 amended, or any other applicable law. The Immigra23 tion Courts may make any provision necessary to 

24 prevent the disclosure of confidential information in 

25 its proceedings and records, including requiring that 


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1 such information be placed under seal to be opened 

2 only as directed by the Immigration Courts. 

3 ‘‘SEC. 625. SCOPE OF REVIEW AND APPEALS. 

4 ‘‘(a) IN GENERAL.—In any proceeding before the Im5 migration Courts, the immigration judge shall— 

6 ‘‘(1) consider de novo all constitutional claims 

7 and questions of law; and 

8 ‘‘(2) compel administrative action on an appli9 cation or petition filed by or on behalf of the alien 

10 that is unlawfully withheld or unreasonably delayed. 

11 ‘‘(b) TRIAL DIVISION PROCEEDINGS.—The decision 

12 of an immigration trial judge shall be based only on the 

13 evidence produced at the hearing and shall set forth the 

14 judge’s findings of fact, reasoning to support discretionary 

15 determinations, and conclusions of law. Immigration trial 

16 judges may take judicial notice of commonly known facts. 

17 ‘‘(c) REVIEW BY APPELLATE DIVISION.— 

18 ‘‘(1) IN GENERAL.—In considering an appeal 

19 from an immigration trial judge decision, the appel20 late division shall limit its review to the scope of 

21 issues raised on appeal and shall conduct its review 

22 of the decision based on the record of proceedings of 

23 the trial division. 

24 ‘‘(2) FACT FINDING.—Aside from taking judi25 cial notice of commonly known facts, the appellate 


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1 division shall not engage in fact finding in consid2 ering an appeal of an immigration trial judge deci3 sion, and shall defer to the factual findings of the 

4 immigration trial judge unless such findings are 

5 challenged and determined to be clearly erroneous. 

6 ‘‘(d) REVIEW BY THE UNITED STATES COURTS OF

7 APPEALS.—A decision of the appellate division may be ap8 pealed by a party to such proceeding and reviewed by the 

9 United States court of appeals for the judicial circuit 

10 wherein venue lies, in accordance with section 242, as ap11 plicable. If the Government appeals a decision pursuant 

12 to this subsection, and the court finds that the alien party 

13 to such appeal is financially unable to obtain adequate rep14 resentation, representation for such alien shall be provided 

15 through the plan for representation on appeal that is in 

16 effect under section 3006A of title 18, United States 

17 Code.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 at the beginning of the Immigration and Nationality Act 

20 (8 U.S.C. 1101 et seq.) is amended by adding at the end 

21 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 


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‘‘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.’’. 

1 SEC. 3. EMPLOYEES. 

2 (a) CLERK OF THE COURT.—The chief judge may ap3 point, and prescribe the duties for, a clerk of the court 

4 without regard to the provisions of title 5, United States 

5 Code, governing appointments in the competitive service. 

6 (b) CHAMBERS STAFF.—Immigration judges may ap7 point law clerks and secretaries, in such numbers as the 

8 appellate division approves, without regard to the provi9 sions of title 5, United States Code, governing appoint10 ments in the competitive service. 

11 (c) OTHER COURT STAFF.—The clerk of the court 

12 and the chief administrative officer may appoint deputies 

13 and employees, in such numbers as the appellate division 

14 approves, without regard to the provisions of title 5, 

15 United States Code, governing appointments in the com16 petitive service. 

17 (d) STAFF SALARIES.—The appellate division may fix 

18 and adjust the rates of basic pay for the clerk, the chief 

19 administrative officer, and other employees of the Immi20 gration Courts without regard to the provisions of chapter 

21 51, subchapter III of chapter 53, or section 5373 of title 

22 5, United States Code. To the maximum extent feasible, 

23 such employees shall be compensated at rates consistent 


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1 with those for employees holding comparable positions in 

2 the judicial branch. 

3 (e) PREFERENCE ELIGIBLES.—In making appoint4 ments under subsections (a) through (c), preference shall 

5 be given, among equally qualified persons, to persons who 

6 are preference eligible (as defined in section 2108(3) of 

7 title 5, United States Code). 

8 (f) EXPERTS AND CONSULTANTS.—The Immigration 

9 Courts may procure the services of experts and consult10 ants as provided under section 3109 of title 5, United 

11 States Code. 

12 SEC. 4. BUDGET AND EXPENDITURES. 

13 (a) COURT BUDGET.—For each fiscal year, the budg14 et of the Immigration Courts shall be established by the 

15 Immigration Courts, without review or modification by the 

16 executive branch, and shall be included in the budget of 

17 the President as submitted. 

18 (b) PERMISSIBLE COURT EXPENDITURES.— 

19 (1) The Immigration Courts may make such ex20 penditures (including expenditures for personal serv21 ices and rent at the seat of Government and else22 where, and for law books, books of reference, and 

23 periodicals) as may be necessary to execute effi24 ciently the judicial and administrative functions vest25 ed in the Courts. 


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1 (2) The Immigration Courts may receive and 

2 expend funds appropriated to the Courts for pur3 poses of paragraph (1) either— 

4 (A) directly, or 

5 (B) by transfer to— 

6 (i) the Director of the Administrative 

7 Office of the United States Courts, 

8 (ii) another court established under 

9 article I of the Constitution, or 

10 (iii) an executive agency as defined in 

11 section 105 of title 5, United States Code, 

12 to cover the expense of such administrative support 

13 and guidance (including budgetary and financial, 

14 payroll and personnel, protective and security, rec15 ordkeeping and statistical, and information tech16 nology services) as the Court may request and the 

17 Director, court, or agency may agree to provide from 

18 time to time. 

19 (c) METHOD AND SOURCE OF EXPENDITURES.—All 

20 expenditures of the Immigration Courts shall be allowed 

21 and paid upon presentation of itemized vouchers signed 

22 by the certifying officer designated by the chief judge. 

23 SEC. 5. ANNUAL REPORT. 

24 (a) IN GENERAL.—Not later than April 1 of each 

25 year, the chief judge shall submit to the Committee on 


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1 the Judiciary of the House of Representatives and the 

2 Committee on the Judiciary of the Senate, a report sum3 marizing the workload of the Immigration Courts for the 

4 preceding fiscal year. 

5 (b) CONTENTS.—The report described in subsection 

6 (a) shall contain— 

7 (1) demographic information, including the age, 

8 gender, and nationality of respondents appearing be9 fore the Immigration Courts, and rates at which 

10 such respondents are represented by counsel; 

11 (2) outcomes of removal proceedings, including 

12 grant rates for immigration relief, disaggregated by 

13 geographical area and immigration trial judge; 

14 (3) outcomes of bond hearings, disaggregated 

15 by geographical area and immigration trial court; 

16 (4) the number of cases currently pending be17 fore the trial and appellate divisions of the Immigra18 tion Courts, and the change in such number from 

19 the prior fiscal year; 

20 (5) the average number of days for which a re21 spondent waits to have their case heard, 

22 disaggregated by geographical area; and 

23 (6) any information requested by the Commit24 tees named in subsection (a), provided such request 

25 is timely and reasonable. 


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1 SEC. 6. APPLICATION DATE; TRANSITIONAL PROVISIONS. 

2 (a) APPLICATION DATE.—The Immigration Courts 

3 may not begin to exercise the functions of the courts under 

4 this Act and the amendments made by this Act until the 

5 date (for purposes of this Act, referred to as the ‘‘applica6 tion date’’) that is— 

7 (1)(A) the first day of the first full fiscal year 

8 after the date of the enactment of this Act, if such 

9 date is 180 days or more after the date of enact10 ment of this Act; or 

11 (B) the first day of the second full fiscal year 

12 after the date of the enactment of this Act, if the 

13 first day of the first full fiscal year after the date 

14 of enactment of this Act is less than 180 days after 

15 the date of enactment of this Act; and 

16 (2) the date on which 3 or more immigration 

17 appeals judges have been duly appointed by the 

18 President, in accordance with procedures set forth in 

19 section 6(c) of this Act and 601(b)(2) of the Immi20 gration and Nationality Act, as added by this Act. 

21 (b) TRANSITION PERIOD AND APPOINTMENT OF IN22 TERIM IMMIGRATION TRIAL JUDGES.— 

23 (1) TRANSITION PERIOD.—The transition pe24 riod described in this section shall be the 4-year pe25 riod beginning on the application date of this Act. 

26 (2) INTERIM IMMIGRATION TRIAL JUDGES.— 


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1 (A) IN GENERAL.—Each individual serving 

2 as an immigration judge in the Executive Office 

3 for Immigration Review on the date that is the 

4 day before the application date of this Act shall 

5 become an interim immigration trial judge. 

6 (B) AUTHORITY OF INTERIM IMMIGRATION

7 TRIAL JUDGES.—Interim immigration judges 

8 shall have the authority to exercise all powers 

9 of an immigration trial judge as provided in 

10 title VI of the Immigration and Nationality Act 

11 (8 U.S.C. 601 et seq.). 

12 (C) TERM OF SERVICE.—An interim immi13 gration trial judge may serve until the transi14 tion period has ended and a successor is ap15 pointed, or for a period not to exceed 5 years, 

16 whichever is shorter. An otherwise qualified in17 terim judge may be appointed as an immigra18 tion trial judge. 

19 (D) CREDIT AND ELIGIBILITY FOR BENE20 FITS.—Service as an interim immigration trial 

21 judge shall be included in the same manner as 

22 service as an immigration trial judge for pur23 poses of calculating service credit, retirement 

24 eligibility, and disability. 


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1 (E) SEPARATION.—Nothing in this Act or 

2 the amendments made by this Act may be con3 strued to— 

4 (i) preclude an interim immigration 

5 trial judge who is not appointed for a term 

6 appointment by the appellate division 

7 under section 601(c)(2) of the Immigration 

8 and Nationality Act, as added by this Act, 

9 from eligibility for appointment as an ad10 ministrative judge, administrative law 

11 judge, and for attorney positions in agen12 cies throughout the Federal Government; 

13 or 

14 (ii) make an interim immigration 

15 judge described in clause (i) ineligible for 

16 early retirement pursuant to section 

17 8336(d)(2)(D) or 8414(b)(1)(B) of title 5, 

18 United States Code. 

19 (c) FIRST APPOINTMENTS TO THE UNITED STATES

20 IMMIGRATION COURTS.— 

21 (1) APPELLATE DIVISION.— 

22 (A) IN GENERAL.—Notwithstanding sec23 tion 601(b)(2)(B) of the Immigration and Na24 tionality Act as added by this Act, the first 21 


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1 immigration appeals judges appointed shall 

2 serve for the following terms: 

3 (i) The terms of the first 7 immigra4 tion appeals judges appointed shall termi5 nate on the date that is 5 years after the 

6 date described in subsection (a). 

7 (ii) The terms of the next 7 immigra8 tion appeals judges appointed after the 

9 judges referred to in clause (i) shall termi10 nate on the date that is 10 years after the 

11 date described in subsection (a). 

12 (iii) The terms of the next 7 immigra13 tion appeals judges appointed after the 

14 judges referred to in clause (ii) shall termi15 nate on the date that is 15 years after the 

16 date described in subsection (a). 

17 (B) SUCCESSION.—Each immigration ap18 peals judge described in subparagraph (A) may 

19 continue to serve after the expiration of the 

20 designated term if such judge is reappointed in 

21 accordance with section 601(b)(2)(B) of the Im22 migration and Nationality Act as added by this 

23 Act. 

24 (2) TRIAL DIVISION.—Not later than 180 days 

25 before the transition period has ended, the appellate 


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1 division shall establish procedures and requirements 

2 related to the appointment of immigration trial 

3 judges. 

4 (3) CLARIFICATION.—Notwithstanding para5 graphs (1) and (2) and section 601 of the Immigra6 tion and Nationality Act, as added by this Act, any 

7 individual appointed to fill an immigration trial 

8 judge vacancy during the transition period described 

9 in subsection (b)(1) shall serve only until the transi10 tion period has ended and until a successor is ap11 pointed in accordance with section 602 of the Immi12 gration and Nationality Act, but not more than 1 

13 year after the end of the transition period. 

14 (d) PRIOR SERVICE CREDIT.— 

15 (1) IN GENERAL.—The period that a covered 

16 immigration judge who elects to receive retired pay 

17 under section 602 of the Immigration and Nation18 ality Act, as added by this Act, serves as a member 

19 of the Board of Immigration Appeals, an immigra20 tion judge, or an administrative law judge in the Ex21 ecutive Office for Immigration Review of the Depart22 ment of Justice, shall be included, up to a maximum 

23 of 5 years, in the service of such individual on the 

24 Immigration Courts for purposes of computing the 

25 years of service as an immigration judge. 


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1 (2) COVERED IMMIGRATION JUDGE DEFINED.— 

2 In this subsection, the term ‘‘covered immigration 

3 judge’’ means— 

4 (A) an immigration appeals judge ap5 pointed under section 601(b) of the Immigra6 tion and Nationality Act, as added by this Act; 

7 (B) an immigration trial judge appointed 

8 under section 601(c) of the Immigration and 

9 Nationality Act, as added by this Act; or 

10 (C) an interim immigration trial judge 

11 under subsection (b)(2) of this section. 

12 SEC. 7. INSTITUTIONAL TRANSFER; CONTINUITY OF PRO13 CEEDINGS. 

14 (a) EXISTING PRECEDENT.— 

15 (1) IN GENERAL.—Precedential decisions by the 

16 Attorney General or the Board of Immigration Ap17 peals under title II of the Immigration and Nation18 ality Act (8 U.S.C. 1151 et seq.) that were issued 

19 before the application date of this Act shall continue 

20 to serve as precedent in proceedings before the Im21 migration Courts unless explicitly overruled by such 

22 court. 

23 (2) RULES.—To the extent that such rules are 

24 consistent with this Act, the rules of the Attorney 

25 General that were in effect before the application 


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1 date of this Act, shall remain in effect until amend2 ed or revoked by the appellate division. 

3 (b) INSTITUTIONAL TRANSFER.— 

4 (1) EXECUTIVE OFFICE FOR IMMIGRATION RE5 VIEW.— 

6 (A) IN GENERAL.—Except as provided in 

7 subparagraph (B), all functions under the Ex8 ecutive Office for Immigration Review on the 

9 date that is the day before the application date 

10 of this Act are transferred to the Immigration 

11 Courts on the application date of this Act. 

12 (B) EXCEPTIONS.— 

13 (i) OCAHO.—The Office of the Chief 

14 Administrative Hearing Officer and the 

15 functions of the Executive Office for Immi16 gration Review that support such office 

17 shall remain under the Department of Jus18 tice. 

19 (ii) OTHER FUNCTIONS.—The func20 tions of the Executive Office for Immigra21 tion Review that are not necessary or ap22 propriate for transfer to the Immigration 

23 Courts shall be reassigned to other agen24 cies within the Department of Justice or 


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1 dissolved at the discretion of the Attorney 

2 General. 

3 (2) TRANSFER AND ALLOCATION OF APPRO4 PRIATIONS AND PERSONNEL.—Except as provided in 

5 this section, the personnel of the Executive Office 

6 for Immigration Review employed in connection with 

7 the functions transferred by this section, and the as8 sets, liabilities, contracts, property, records, and un9 expended balance of appropriations, authorizations, 

10 allocations, and other funds employed, held, used, 

11 arising from, available to, or to be made available to, 

12 the Executive Office for Immigration Review, in con13 nection with the functions transferred by this sec14 tion, subject to section 202 of the Budget and Ac15 counting Procedures Act of 1950, shall be trans16 ferred to the Immigration Courts on the application 

17 date of this Act. Unexpended funds transferred pur18 suant to this paragraph shall be used only for the 

19 purposes for which the funds were originally author20 ized and appropriated. 

21 (3) PENDING CASES.— 

22 (A) IN GENERAL.—The enactment of this 

23 Act shall not result in any loss of rights or pow24 ers, interruption of jurisdiction, or prejudice to 

25 matters under title II of the Immigration and 


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1 Nationality Act (8 U.S.C. 1151 et seq.) which 

2 are pending before the Board of Immigration 

3 Appeals or an immigration judge on the appli4 cation date of this Act. 

5 (B) TRANSFER.—All proceedings under 

6 title II of the Immigration and Nationality Act 

7 (8 U.S.C. 1151 et seq.) which are pending be8 fore the Board of Immigration Appeals or an 

9 immigration judge on the application date of 

10 this Act shall be transferred to the Immigration 

11 Courts to proceed before the trial division or 

12 the appellate division as appropriate. 

13 SEC. 8. REVIEW BY THE JUDICIAL CONFERENCE; CON14 SULTATION REQUIREMENTS. 

15 The Judicial Conference of the United States shall 

16 conduct a review of adjudications in the United States Im17 migration Courts at least once every 4 years, as part of 

18 its comprehensive survey of business in the courts of the 

19 United States conducted pursuant to title 28, section 331. 

20 At the conclusion of its review, the Judicial Conference 

21 shall submit a report of its findings to the appellate divi22 sion and the Committee on the Judiciary of the House 

23 of Representatives and the Committee on the Judiciary 

24 of the Senate. The Committees shall cause to have such 

25 report printed in the Congressional Record. 


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1 SEC. 9. TECHNICAL AND CONFORMING PROVISIONS. 

2 (a) IN GENERAL.—The Immigration and Nationality 

3 Act (8 U.S.C. 1101 et seq.) is amended— 

4 (1) in section 101(b), by amending paragraph 

5 (4) to read as follows: 

6 ‘‘(4) The term ‘immigration judge’ means an immi7 gration appeals judge or immigration trial judge appointed 

8 to serve in the United States Immigration Courts estab9 lished under title VI.’’; 

10 (2) in section 238(a)(1)— 

11 (A) by striking ‘‘Attorney General’’ and in12 serting ‘‘Immigration Courts’’; and 

13 (B) by striking ‘‘Service’’ and inserting 

14 ‘‘Department of Homeland Security’’; 

15 (3) in section 238(a)(2), by striking ‘‘Attorney 

16 General’’ each place such term appears and inserting 

17 ‘‘Secretary of Homeland Security’’; 

18 (4) in section 238(a)(3)— 

19 (A) by amending subparagraph (A) to read 

20 as follows: 

21 ‘‘(A) Notwithstanding any other provision of law, in 

22 the case of any alien convicted of an aggravated felony, 

23 removal proceedings, and any administrative appeals 

24 thereof, shall be completed, to the extent possible, before 

25 the alien’s release from incarceration for the underlying 

26 aggravated felony.’’; and 


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1 (B) in subparagraph (B), by striking ‘‘At2 torney General’’ and inserting ‘‘Secretary of 

3 Homeland Security’’; 

4 (5) in section 238(a)(4)(A) by striking ‘‘Attor5 ney General’’ each place it appears and inserting 

6 ‘‘administrative council of the Immigration Courts’’; 

7 (6) in section 238(b)(1) by striking ‘‘Attorney 

8 General’’ and inserting ‘‘immigration judge’’; 

9 (7) in section 238(b)(3)— 

10 (A) by striking ‘‘Attorney General’’ and in11 serting ‘‘Secretary of Homeland Security’’; and 

12 (B) by striking ‘‘apply for’’ and inserting 

13 ‘‘seek’’; 

14 (8) in section 238(b) by amending paragraph 

15 (4) to read as follows— 

16 ‘‘(4) In any proceeding under this subsection— 

17 ‘‘(A) the alien shall— 

18 ‘‘(i) be given reasonable notice of the 

19 charges and of the opportunity described 

20 in subparagraph (C); 

21 ‘‘(ii) have the privilege of being rep22 resented (at no expense to the government) 

23 by such counsel, authorized to practice in 

24 such proceedings, as the alien shall choose; 

25 and 


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1 ‘‘(iii) have a reasonable opportunity to 

2 inspect the evidence and rebut the charges; 

3 and 

4 ‘‘(B) the immigration judge shall ensure 

5 that— 

6 ‘‘(i) a determination is made for the 

7 record that the individual upon whom the 

8 notice for the proceeding under this section 

9 is served (either in person or by mail) is, 

10 in fact, the alien named in such notice; and 

11 ‘‘(ii) a record is maintained for judi12 cial review.’’; 

13 (9) in section 238(b)(5)— 

14 (A) by striking ‘‘Attorney General’’ and in15 serting ‘‘immigration judge’’; and 

16 (B) by striking ‘‘Attorney General’s’’ and 

17 inserting ‘‘immigration judge’s’’; 

18 (10) by redesignating the second subsection (c) 

19 of section 238 as subsection (d) and in the newly 

20 designated subsection (d)— 

21 (A) by striking ‘‘Commissioner’’ in each 

22 place such term appears and inserting ‘‘Sec23 retary of Homeland Security’’; 


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1 (B) by striking ‘‘Attorney General’’ in each 

2 place such term appears and inserting ‘‘Sec3 retary of Homeland Security’’; and 

4 (C) by striking ‘‘Service’’ in paragraph 

5 (2)(A) and inserting ‘‘Secretary of Homeland 

6 Security’’; 

7 (11) in section 239(a) by striking ‘‘Attorney 

8 General’’ in each place such term appears and in9 serting ‘‘Immigration Courts’’; 

10 (12) in section 239(b)(2) by striking ‘‘Attorney 

11 General’’ and inserting ‘‘Immigration Courts’’; 

12 (13) in section 239(b)(3) by striking ‘‘Attorney 

13 General’’ and inserting ‘‘immigration judge’’; 

14 (14) in section 239(d)(1) by striking ‘‘Attorney 

15 General’’ and inserting ‘‘immigration judge’’; 

16 (15) in section 240(b)— 

17 (A) by striking paragraphs (1) and (6); 

18 (B) by redesignating paragraphs (2) 

19 through (5) as paragraphs (1) through (4), re20 spectively; 

21 (C) by redesignating paragraph (7) as 

22 paragraph (5); 

23 (D) by amending paragraph (1) as redesig24 nated by this paragraph to read as follows: 


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1 ‘‘(1) FORM OF PROCEEDING.—The proceeding 

2 may take place— 

3 ‘‘(A) in person; or 

4 ‘‘(B) through video conference, subject to 

5 rules promulgated under section 622(a)(5).’’; 

6 (E) in paragraph (2) as redesignated by 

7 this paragraph, by striking ‘‘Attorney General’’ 

8 and inserting ‘‘immigration judge’’; 

9 (F) in paragraph (3) as redesignated by 

10 this paragraph— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘, under regulations 

13 of the Attorney General’’; and 

14 (ii) in subparagraph (A) by striking ‘‘, 

15 at no expense to the Government, by coun16 sel of the alien’s choosing who is author17 ized to practice in such proceedings’’ and 

18 inserting ‘‘in accordance with section 

19 623(a)’’; and 

20 (G) in paragraph (4)(A) as redesignated 

21 by this paragraph— 

22 (i) by striking ‘‘Service’’ and inserting 

23 ‘‘Government’’; and 

24 (ii) by amending the last sentence to 

25 read as follows: ‘‘Written notice shall be 


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1 considered sufficient for purposes of this 

2 subparagraph if provided at the most re3 cent address provided under section 

4 239(a)(1)(F).’’; 

5 (16) in section 240(c)(2), in the matter fol6 lowing subparagraph (B), by striking ‘‘Attorney 

7 General’’ and inserting ‘‘Secretary of Homeland Se8 curity’’; 

9 (17) in section 240(c)(3)— 

10 (A) by striking ‘‘SERVICE’’ in the heading 

11 and inserting ‘‘GOVERNMENT’’; and 

12 (B) by striking ‘‘Service’’ in each place 

13 such term appears and inserting ‘‘Govern14 ment’’; 

15 (18) in section 240(c)(7)(C)(iv)(II)— 

16 (A) by striking ‘‘Attorney General’’ and in17 serting ‘‘immigration judge’’; and 

18 (B) by striking ‘‘Immigration and Natu19 ralization Service’’ and inserting ‘‘Secretary of 

20 Homeland Security’’; 

21 (19) in section 240(c)(7)(C)(iv)(III)— 

22 (A) by striking ‘‘Attorney General’’ and in23 serting ‘‘immigration judge’’; and 

24 (B) by striking ‘‘Attorney General’s’’ and 

25 inserting ‘‘immigration judge’s’’; 


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1 (20) in section 240(d) by amending the first 

2 sentence to read as follows: ‘‘An immigration judge 

3 may enter an order of removal stipulated to by the 

4 alien (or the alien’s representative) and the Govern5 ment.’’; 

6 (21) in section 242(a)(2)(A) by striking ‘‘Attor7 ney General’’ in each place such term appears and 

8 inserting ‘‘Secretary of Homeland Security’’; 

9 (22) in section 242(a)(2)(B)(ii), by striking 

10 ‘‘Attorney General’’ each place it appears and insert11 ing ‘‘the appellate division of the Immigration 

12 Courts’’; 

13 (23) in section 242(a), by adding at the end the 

14 following: 

15 ‘‘(6) VENUE.—For purposes of judicial review 

16 under this section and section 625(d), the venue of 

17 a proceeding before the court of appeals is in the ju18 dicial circuit in which— 

19 ‘‘(A) an immigration trial judge of the Im20 migration Court issued the original underlying 

21 decision in the matter; or 

22 ‘‘(B) the underlying administrative action 

23 reviewed by the appellate division of the Court 

24 occurred.’’; 


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1 (24) in section 242(b)(2) by inserting ‘‘trial’’ 

2 after ‘‘immigration’’; 

3 (25) in section 242(b)(3)(A)— 

4 (A) by striking ‘‘Attorney General’’ in the 

5 first sentence and inserting ‘‘United States’’; 

6 and 

7 (B) by amending the second sentence to 

8 read as follows: ‘‘The petition shall be served on 

9 the Attorney General and on the officer or em10 ployee of the Department of Homeland Security 

11 in charge of the district in which the final order 

12 of removal under section 240 was entered.’’; 

13 (26) in section 242(b)(4)(D) by striking ‘‘Attor14 ney General’s’’ and inserting ‘‘immigration judge’s’’; 

15 (27) in section 242(b)(8) by striking ‘‘Attorney 

16 General’’ in each place such term appears and in17 serting ‘‘Secretary of Homeland Security’’; 

18 (28) in section 242(e)(2)(C) by striking ‘‘as 

19 prescribed by the Attorney General’’; 

20 (29) in section 242(e)(3)(A)(ii) by striking ‘‘At21 torney General’’ and inserting ‘‘Secretary of Home22 land Security’’; 

23 (30) in section 242(g) by striking ‘‘Attorney 

24 General’’ and inserting ‘‘Secretary of Homeland Se25 curity’’; and 


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1 (31) in section 246(a)— 

2 (A) by striking ‘‘Attorney General’’ each 

3 place it appears and inserting ‘‘Secretary of 

4 Homeland Security’’; and 

5 (B) by striking the second sentence and in6 serting the following: ‘‘Upon request of the indi7 vidual whose status has been rescinded, the 

8 Secretary of Homeland Security shall refer such 

9 rescission to the United States Immigration 

10 Courts for review in accordance with section 

11 604(b)(1)(B).’’. 

12 (b) CONSTRUCTION OF EXISTING REFERENCES.—To 

13 the extent consistent with this Act, each reference in the 

14 Immigration and Nationality Act (8 U.S.C. et seq.), or 

15 in any rule prescribed thereunder— 

16 (1) to the Board of Immigration Appeals or an 

17 immigration judge, or any administrative appeal, 

18 hearing, review, or other proceeding before such 

19 Board or judge, shall be deemed to refer, as appro20 priate, to the United States Immigration Courts es21 tablished under title VI of the Immigration and Na22 tionality Act, as added by this Act, to the appro23 priate division of the Court, or to the corresponding 

24 proceedings under this Act before such Court; and 


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1 (2) to the authority of the Attorney General to 

2 prescribe rules with respect to the Executive Office 

3 for Immigration Review, the Board of Immigration 

4 Appeals, immigration judges, or administrative ap5 peals, hearings, reviews, or other proceedings con6 ducted under the Immigration and Nationality Act, 

7 by such Office, Board, or judges, shall be deemed to 

8 confer rulemaking authority on the appellate division 

9 of the United States Immigration Courts established 

10 in title VI of the Immigration and Nationality Act, 

11 as added by this Act. 

12 (c) FINANCIAL DISCLOSURE REPORTING.—Section 

13 109 of the Ethics in Government Act of 1978 (5 U.S.C. 

14 App.) is amended— 

15 (1) in paragraph (8), by inserting ‘‘of the 

16 United States Immigration Courts,’’ after ‘‘Court of 

17 Appeals for Veterans Claims,’’; and 

18 (2) in paragraph (10), by inserting ‘‘United 

19 States Immigration Courts,’’ after ‘‘Court of Ap20 peals for Veterans Claims,’’. 

Æ 


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