IB 

Union Calendar No. 468 

117TH CONGRESS 

2D SESSION H. R. 6577 

[Report No. 117–649, Part I] 

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 

FEBRUARY 3, 2022 

Ms. LOFGREN (for herself, Mr. NADLER, and Mr. JOHNSON of Georgia) 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 

DECEMBER 20, 2022 

Additional sponsors: Mr. CORREA, Ms. ROSS, Mr. MCGOVERN, Ms. NORTON, 

Ms. SCHAKOWSKY, Ms. BROWNLEY, Ms. ROYBAL-ALLARD, Mr. TAKANO, 

Mr. ESPAILLAT, Ms. JAYAPAL, Mr. SMITH of Washington, Ms. MENG, 

Ms. OCASIO-CORTEZ, Ms. OMAR, Ms. ESHOO, Ms. SA ́NCHEZ, Mrs. DINGELL, Mr. JONES, Ms. PRESSLEY, Ms. VELA ́ZQUEZ, Mrs. CHERFILUSMCCORMICK, Mr. DANNY K. DAVIS of Illinois, Mr. GARCI ́A of Illinois, 

Ms. PORTER, Mr. GRIJALVA, Mr. RASKIN, Mr. NEGUSE, Mr. VARGAS, 

Mrs. WATSON COLEMAN, Mr. DESAULNIER, Ms. NEWMAN, Ms. CLARKE

of New York, Mrs. TORRES of California, Mr. PERLMUTTER, Mr. 

LOWENTHAL, Mr. STANTON, Mr. CARSON, Ms. BOURDEAUX, Mr. 

CICILLINE, Mr. POCAN, Mr. AGUILAR, Ms. JACKSON LEE, Mr. YARMUTH, Mr. PALLONE, Ms. BASS, Mrs. MCBATH, Ms. SCANLON, Mr. 

CLEAVER, Mr. PETERS, Mr. EVANS, Ms. JACOBS of California, Mr. 

SOTO, Mrs. FLETCHER, Mr. KAHELE, Mr. WELCH, Mr. FOSTER, and Mr. 

TORRES of New York 

DECEMBER 20, 2022 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 


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DECEMBER 20, 2022 

Committee on the Budget discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 3, 2022] 

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. 


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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 2022’’. 

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. 

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. 

8 SEC. 2. ESTABLISHMENT AND STRUCTURE OF THE UNITED 

9 STATES IMMIGRATION COURTS. 

10 (a) UNITED STATES IMMIGRATION COURTS.—The Im11 migration and Nationality Act (8 U.S.C. 1101 et seq.) is 

12 amended by adding at the end the following: 

13 ‘‘TITLE VI—UNITED STATES 

14 IMMIGRATION COURTS 

15 ‘‘Subtitle A—Organization and 

16 Jurisdiction 

17 ‘‘SEC. 601. ESTABLISHMENT AND STRUCTURE. 

18 ‘‘(a) ESTABLISHMENT.— 

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

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

21 system of courts of record to be known as the United 


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1 States Immigration Courts (referred to in this Act as 

2 the ‘Immigration Courts’). Each such court of record 

3 may be referred to as an ‘immigration court’. The 

4 Immigration Courts is not an agency of, and shall be 

5 independent of, the executive branch of the Govern6 ment. 

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

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

9 an administrative division. 

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

11 the Immigration Courts shall be in the Washington, 

12 DC, metropolitan area, but any immigration court 

13 may sit at any place within the United States. 

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

15 shall have a seal which shall be judicially noticed. 

16 ‘‘(b) APPELLATE DIVISION.— 

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

18 Immigration Courts shall be composed of 21 immi19 gration appeals judges, one of whom shall serve as 

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

21 ‘‘(2) APPOINTMENT OF IMMIGRATION APPEALS

22 JUDGES.— 

23 ‘‘(A) IN GENERAL.—Each immigration ap24 peals judge shall be appointed by the President, 

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1 ate, consistent with the requirements described in 

2 section 602. 

3 ‘‘(B) TERM OF OFFICE.—Each immigration 

4 appeals judge shall be appointed for a term of 15 

5 years and may be reappointed for additional 15- 

6 year terms. An immigration appeals judge who 

7 is not reappointed for an additional term may 

8 continue to serve after the expiration of the prior 

9 term until the earlier of— 

10 ‘‘(i) the date that a successor is ap11 pointed; or 

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

13 expiration of the prior term. 

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

15 appeals judge does not serve the entirety of an 

16 appointed term, the resulting vacancy shall be 

17 filled by a successor appointed for the remainder 

18 of the term in accordance with this paragraph. 

19 At the conclusion of the term, such successor may 

20 be reappointed in accordance with subparagraph 

21 (B). 

22 ‘‘(3) CHIEF JUDGE.— 

23 ‘‘(A) DESIGNATION.— 

24 ‘‘(i) IN GENERAL.—The chief judge 

25 shall be the immigration appeals judge who 


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1 is most senior in appointment among the 

2 immigration appeals judges who, at that 

3 time of appointment to the appellate divi4 sion— 

5 ‘‘(I) have served for 1 or more 

6 years; 

7 ‘‘(II) have at least 5 years re8 maining in their term of office as an 

9 immigration appeals judge; and 

10 ‘‘(III) have not previously served 

11 as chief judge. 

12 ‘‘(ii) ACTING CHIEF JUDGE.—If no im13 migration appeals judge in regular active 

14 service satisfies all of the requirements in 

15 clause (i), the immigration appeals judge 

16 who is most senior in commission and who 

17 has not previously served as chief judge 

18 shall serve as acting chief judge until an 

19 immigration appeals judge becomes eligible 

20 under such clause. 

21 ‘‘(iii) PRECEDENCE.—Immigration ap22 peals judges who have the same seniority in 

23 commission shall be eligible for service as 

24 chief judge according to seniority in age. 

25 ‘‘(B) TERM OF OFFICE.— 


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1 ‘‘(i) IN GENERAL.—Except as provided 

2 in clause (ii), the chief judge shall serve a 

3 term that shall end on the earliest of— 

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

5 the date that term begins; 

6 ‘‘(II) the date that the judge is re7 moved from service for cause in accord8 ance with section 602(f); 

9 ‘‘(III) the date that the judge 

10 leaves regular active service as an im11 migration appeals judge; and 

12 ‘‘(IV) the date that the judge pro13 vides written notice to the other immi14 gration appeals judges that such judge 

15 is resigning from service as chief judge. 

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

17 upon conclusion of the chief judge’s term of 

18 office described in clause (i)(I), no other im19 migration appeals judge is eligible to as20 sume the role of chief judge as provided in 

21 subparagraph (A), the incumbent shall con22 tinue to serve as chief judge until another 

23 immigration appeals judge becomes eligible. 

24 ‘‘(4) EN BANC EXERCISE OF APPELLATE DIVI25 SION AUTHORITY IN NON-ADJUDICATIVE MATTERS.— 


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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 para20 graph, not less than three immigration appeals 

judges in regular active service or 2 21 ⁄3 of all im22 migration appeals judges in regular active serv23 ice, 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 Im2 migration Courts shall be composed of immigration 

3 trial courts, the number and geographical location of 

4 which shall be determined by the administrative 

5 council, in accordance with the procedures described 

6 in subsection (d)(3)(B). Each immigration trial court 

7 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 immigration 

15 trial judge shall be appointed for a term of 15 

16 years and may be reappointed for additional 15- 

17 year terms. An immigration trial judge who is 

18 not reappointed for an additional term may con19 tinue to serve after the expiration of the prior 

20 term for not more than 1 year or until a suc21 cessor 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 as 

25 the chief trial judge for each geographical area. 


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1 If only one immigration trial judge presides over 

2 a geographical area, that judge shall be des3 ignated 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 oper13 ations 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 dele18 gated 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 administra2 tive office shall be managed by a chief administrative 

3 officer, who shall be responsible for— 

4 ‘‘(A) implementing and administering oper5 ational rules, policies, and procedures of the Im6 migration Courts established by the appellate di7 vision 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 judge 

25 may designate. If the chief trial judge of any 


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1 court of the trial division is unable to attend, the 

2 chief judge may summon any other judge from 

3 such court. Every judge summoned shall attend 

4 and, unless excused by the chief judge, shall re5 main throughout the sessions of the council and 

6 advise as to the needs of that judge’s court and 

7 as to any matters in respect of which the admin8 istration of justice in the Immigration Courts 

9 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 2022, 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 administration 

23 of justice, as well as the geographical areas 

24 to be served by such courts. In conducting 


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1 the survey, the administrative council 

2 shall— 

3 ‘‘(I) assess the continuing need for 

4 existing immigration trial court posi5 tions and the need for additional posi6 tions in each geographical location; 

7 ‘‘(II) evaluate local conditions in 

8 each geographical location, including 

9 the proximity to populations to be 

10 served, the quality and availability of 

11 infrastructure to support transpor12 tation and communication, and the 

13 availability of legal services for indi14 gent and non-English speaking indi15 viduals; 

16 ‘‘(III) consider proximity and ac17 cess to judicial and Department of 

18 Homeland Security facilities; and 

19 ‘‘(IV) consider the allocation of 

20 immigration trial courts and judges 

21 among existing geographical areas and 

22 whether the administration of justice 

23 would be better served by the presence 

24 of immigration trial courts and judges 

25 in new or different areas. 


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1 ‘‘(ii) PUBLICATION OF SURVEY RE2 SULTS.—The administrative council shall 

3 publish the results of the survey described in 

4 subparagraph (A). 

5 ‘‘(iii) NOTICE OF VACANCIES.—The ad6 ministrative council shall publish notice of 

7 any immigration judge vacancies or new 

8 staff positions. 

9 ‘‘(C) MERIT SELECTION PANEL.— 

10 ‘‘(i) APPOINTMENT OF IMMIGRATION

11 JUDGES.—The administrative council shall 

12 establish a merit selection panel to assist in 

13 identifying and recommending individuals 

14 who are best qualified to serve as immigra15 tion judges, consistent with subsections (a), 

16 (b), and (c) of section 602. 

17 ‘‘(ii) COMPOSITION.—The panel de18 scribed in paragraph (1) shall consist of 

19 qualified individuals with experience in a 

20 diverse range of settings, including aca21 demia, nongovernmental organizations, pri22 vate immigration practice, and government 

23 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 of 

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

7 combination thereof, for not less than 10 years; 

8 ‘‘(2) possess, and have a reputation for, integrity 

9 and good character; 

10 ‘‘(3) possess and have demonstrated a commit11 ment to equal justice under the law; 

12 ‘‘(4) possess and have demonstrated outstanding 

13 legal ability and competence, as evidenced by substan14 tial legal experience, ability to deal with complex 

15 legal problems, aptitude for legal scholarship and 

16 writing, and familiarity with courts and court proc17 esses; 

18 ‘‘(5) exhibit demeanor, character, and person19 ality that indicate a judicial temperament; and 

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

21 hearings that are consistent with due process. 

22 ‘‘(b) ADDITIONAL FACTORS FOR THE APPOINTMENT OF

23 IMMIGRATION JUDGES.—In appointing immigration 

24 judges, the President and the appellate division shall ensure 

25 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 immi6 gration 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 third19 degree, or by marriage to a immigration appeals judge in 

20 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 im24 migration 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 im5 migration appeals judge shall serve on a full-time 

6 basis and shall receive as compensation for such serv7 ices, an annual salary that is equal to the salary of 

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

9 determined pursuant to section 135 of title 28, United 

10 States Code. 

11 ‘‘(2) IMMIGRATION TRIAL JUDGES.—Each immi12 gration trial judge shall serve on a full-time basis and 

13 shall receive as compensation for such services, an an14 nual salary that is equal to 92 percent of the salary 

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

16 as determined pursuant to section 135 of title 28, 

17 United States Code. 

18 ‘‘(3) PROHIBITION ON THE PRACTICE OF LAW.— 

19 No immigration judge may engage in the practice of 

20 law or any other practice, business, occupation, or 

21 employment that is inconsistent with the expeditious, 

22 proper, and impartial performance of such judge’s 

23 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 incapacity, 

3 misconduct, neglect of duty, or having engaged in the 

4 practice of law, and in accordance with the following: 

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

6 removed from office by the President. 

7 ‘‘(B) An immigration trial judge may be re8 moved from office by the appellate division. 

9 ‘‘(C) No immigration judge may be removed 

10 from office unless such judge is provided with no11 tice of the allegations forming the basis for re12 moval and an opportunity to appear in person 

13 at a hearing to rebut such allegations. 

14 ‘‘(2) COMPLAINTS.— 

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

16 shall promulgate rules, consistent with chapter 

17 16 of title 28, United States Code, for receiving, 

18 investigating, and resolving complaints regard19 ing the conduct of immigration judges. In inves20 tigating and acting upon any such complaint, 

21 the appellate division shall have the powers 

22 granted to a judicial council under such chapter. 

23 ‘‘(B) JUDICIAL CONFERENCE.—The provi24 sions of sections 354(b) through 360 of title 28, 

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1 cation to, and petition for review in the Judicial 

2 Conference of the United States, and action 

3 thereon, shall apply to the exercise of the powers 

4 of a judicial council by the appellate division. 

5 The grounds for removal specified in paragraph 

6 (1) shall provide the basis for a determination to 

7 refer a complaint to the Judicial Conference, for 

8 further action by the Conference, and for certifi9 cation and transmittal by the Conference of any 

10 complaint to the President. 

11 ‘‘(g) RETIREMENT.— 

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

13 attaining the age of 80. 

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

15 and service requirements set forth in the following 

16 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. 

17 ‘‘(3) Any immigration judge who is not re18 appointed following the expiration of the term of his 

19 office may retire upon the completion of such term, 

20 if— 


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1 ‘‘(A) he has served as an immigration judge 

2 for 15 years or more; and 

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

4 the date of the expiration of the term of his office 

5 and not later than 6 months preceding such date, 

6 he advised the President or the appellate divi7 sion, as appropriate, in writing that he was 

8 willing to accept reappointment as an immigra9 tion judge. 

10 ‘‘(4) Any immigration judge who becomes per11 manently disabled from performing his duties shall 

12 retire. 

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

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

15 subsection (g) and elects under subsection (i) to re16 ceive retired pay under this subsection shall receive 

17 retired pay during any period at a rate which bears 

18 the same ratio to the rate of the salary payable to an 

19 immigration judge during such period as the number 

20 of years he has served as immigration judge bears to 

21 10; except that the rate of such retired pay shall not 

22 be more than the rate of such salary for such period; 

23 or 

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

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


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1 pay under this subsection shall receive retired pay 

2 during any period at a rate—(A) equal to the rate 

3 of the salary payable to an immigration judge during 

4 such period if before he retired he had served as an 

5 immigration judge not less than 10 years; or (B) one6 half of the rate of the salary payable to an immigra7 tion judge during such period if before he retired he 

8 had served as an immigration judge less than 10 

9 years. 

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

11 the day on which his salary as immigration judge ceases 

12 to accrue, and shall continue to accrue during the remain13 der of his life. Retired pay under this subsection shall be 

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

15 judge. In computing the rate of the retired pay under para16 graph (1) of this subsection for any individual who is enti17 tled thereto, that portion of the aggregate number of years 

18 he has served as an immigration judge which is a fractional 

19 part of 1 year shall be eliminated if it is less than 6 months, 

20 or shall be counted as a full year if it is 6 months or more. 

21 In computing the rate of the retired pay under paragraph 

22 (1) of this subsection for any individual who is entitled 

23 thereto, any period during which such individual performs 

24 services under subsection (c) on a substantially full-time 


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1 basis shall be treated as a period during which he has served 

2 as an immigration judge. 

3 ‘‘(i) ELECTION TO RECEIVE RETIRED PAY.—Any im4 migration judge may elect to receive retired pay under sub5 section (h). Such an election— 

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

7 an immigration judge (except that in the case of an 

8 individual who fails to be reappointed as immigra9 tion judge at the expiration of a term of office, it may 

10 be made at any time before the day after the day on 

11 which his successor takes office); 

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

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

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

15 thereof in writing with the chief judge; and 

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

17 by filing notice thereof in writing with the Office of 

18 Personnel Management. 

19 The chief judge shall transmit to the Office of Personnel 

20 Management a copy of each notice filed with him under 

21 this subsection. 

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

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

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


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1 ‘‘(1) 1-YEAR FORFEITURE FOR FAILURE TO PER2 FORM JUDICIAL DUTIES.—If such individual during 

3 any calendar year fails to perform judicial duties re4 quired of him by section 603, such individual shall 

5 forfeit all rights to retired pay under subsection (d) 

6 for the 1-year period which begins on the first day on 

7 which he so fails to perform such duties. 

8 ‘‘(2) SUSPENSION OF RETIRED PAY DURING PE9 RIOD OF COMPENSATED GOVERNMENT SERVICE.—If 

10 such individual accepts compensation for civil office 

11 or employment under the Government of the United 

12 States (other than the performance of judicial duties 

13 pursuant to section 603), such individual shall forfeit 

14 all rights to retired pay under subsection (h) for the 

15 period for which such compensation is received. 

16 ‘‘(3) FORFEITURES OF RETIRED PAY UNDER

17 PARAGRAPH (1) NOT TO APPLY WHERE INDIVIDUAL

18 ELECTS TO FREEZE AMOUNT OF RETIRED PAY.— 

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

20 makes an election under this paragraph— 

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

22 shall not apply to such individual begin23 ning on the date such election takes effect, 

24 and 


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1 ‘‘(ii) the retired pay under subsection 

2 (h) payable to such individual for periods 

3 beginning on or after the date such election 

4 takes effect shall be equal to the retired pay 

5 to which such individual would be entitled 

6 without regard to this clause at the time of 

7 such election. 

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

9 paragraph— 

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

11 only if such individual meets the age and 

12 service requirements for retirement under 

13 paragraph (2) of subsection (g), 

14 ‘‘(ii) may be made only during the pe15 riod during which the individual may make 

16 an election to receive retired pay or while 

17 the individual is receiving retired pay, and 

18 ‘‘(iii) shall be made in the same man19 ner as the election to receive retired pay. 

20 Such an election, once it takes effect, shall be ir21 revocable. 

22 ‘‘(C) WHEN ELECTION TAKES EFFECT.— 

23 Any election under this paragraph shall take ef24 fect on the first day of the first month following 

25 the month in which the election is made. 


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1 ‘‘(k) COORDINATION WITH CIVIL SERVICE RETIRE2 MENT.— 

3 ‘‘(1) GENERAL RULE.—Except as otherwise pro4 vided in this subsection, the provisions of the civil 

5 service retirement laws (including the provisions re6 lating to the deduction and withholding of amounts 

7 from basic pay, salary, and compensation) shall 

8 apply in respect of service as an immigration judge 

9 (together with other service as an officer or employee 

10 to whom such civil service retirement laws apply) as 

11 if this section had not been enacted. 

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

13 the case of any individual who has filed an election 

14 to receive retired pay under subsection (h)— 

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

16 payable to any person under the civil service re17 tirement laws with respect to any service per18 formed by such individual (whether performed 

19 before or after such election is filed and whether 

20 performed as immigration judge or otherwise); 

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

22 Service Retirement and Disability Fund shall be 

23 made from retired pay payable to him under 

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

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1 ginning after the day on which such election is 

2 filed; and 

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

4 lump-sum credit computed under section 8331(8) 

5 of title 5, United States Code, upon making ap6 plication therefor with the Office of Personnel 

7 Management. 

8 ‘‘(l) RETIREMENT FOR DISABILITY.— 

9 ‘‘(1) Any immigration judge who becomes per10 manently disabled from performing his duties shall 

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

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

13 retires for disability, his retirement shall not take ef14 fect until concurred in by the President. 

15 ‘‘(2) Whenever any immigration judge who be16 comes permanently disabled from performing his du17 ties does not retire or the appellate division, as appli18 cable, and the President finds that such immigration 

19 judge is unable to discharge efficiently all the duties 

20 of his office by reason of permanent mental or phys21 ical disability and that the appointment of an addi22 tional immigration judge is necessary for the efficient 

23 dispatch of business, the President or the appellate di24 vision, as applicable, shall declare such immigration 

25 judge to be retired. 


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1 ‘‘(m) REVOCATION OF ELECTION TO RECEIVE RE2 TIRED PAY.— 

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

4 (e)(2), an individual who has filed an election to re5 ceive retired pay under subsection (h) may revoke 

6 such election at any time before the first day on 

7 which retired pay (or compensation under section 603 

8 in lieu of retired pay) would (but for such revocation) 

9 begin to accrue with respect to such individual. 

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

11 under this subsection shall be made by filing a notice 

12 thereof in writing with the Civil Service Commission. 

13 The Civil Service Commission shall transmit to the 

14 chief judge a copy of each notice filed under this sub15 section. 

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

17 any revocation under this subsection— 

18 ‘‘(A) for purposes of this section, the indi19 vidual shall be treated as not having filed an 

20 election to receive retired pay under subsection 

21 (h), 

22 ‘‘(B) no credit shall be allowed for any serv23 ice as an immigration judge unless with respect 

24 to such service either there has been deducted and 

25 withheld the amount required by the civil service 


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1 retirement laws or there has been deposited in 

2 the Civil Service Retirement and Disability 

3 Fund an amount equal to the amount so re4 quired, with interest, 

5 ‘‘(C) the Immigration Courts shall deposit 

6 in the Civil Service Retirement and Disability 

7 Fund an amount equal to the additional amount 

8 it would have contributed to such Fund but for 

9 the election under subsection (i), and 

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

11 service on the Immigration Courts shall be treat12 ed as service with respect to which deductions 

13 and contributions had been made during the pe14 riod of service. 

15 ‘‘(n) THRIFT SAVINGS PLAN.— 

16 ‘‘(1) ELECTION TO CONTRIBUTE.— 

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

18 may elect to contribute to the Thrift Savings 

19 Fund established by section 8437 of title 5, 

20 United States Code. 

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

22 may be made under this paragraph only during 

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

24 5, United States Code, for individuals subject to 

25 chapter 84 of such title. 


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

2 Except as otherwise provided in this subsection, the 

3 provisions of subchapters III and VII of chapter 84 

4 of title 5, United States Code, shall apply with re5 spect to an immigration judge who makes an election 

6 under paragraph (1). 

7 ‘‘(3) SPECIAL RULES.— 

8 ‘‘(A) AMOUNT CONTRIBUTED.—The amount 

9 contributed by an immigration judge to the 

10 Thrift Savings Fund in any pay period shall not 

11 exceed the maximum percentage of such immi12 gration judge’s basic pay for such period as al13 lowable under section 8440f of title 5, United 

14 States Code. Basic pay does not include any re15 tired pay paid pursuant to this section. 

16 ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF IM17 MIGRATION JUDGE.—No contributions may be 

18 made for the benefit of an immigration judge 

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

20 Code. 

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

22 TITLE 5 WHETHER OR NOT IMMIGRATION JUDGE

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

24 States Code, applies with respect to an immigraVerDate Sep 11 2014 23:05 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H6577.RH H6577

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1 tion judge who makes an election under para2 graph (1) and who either— 

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

4 ‘‘(ii) ceases to serve as an immigration 

5 judge but does not retire under subsection 

6 (g). 

7 Retirement under subsection (b) is a separation 

8 from service for purposes of subchapters III and 

9 VII of chapter 84 of that title. 

10 ‘‘(D) APPLICABILITY OF SECTION 8351(b)(5) 

11 OF TITLE 5.—The provisions of section 

12 8351(b)(5) of title 5, United States Code, shall 

13 apply with respect to an immigration judge who 

14 makes an election under paragraph (1). 

15 ‘‘(E) EXCEPTION.—Notwithstanding sub16 paragraph (C), if any immigration judge retires 

17 under this section, or resigns without having met 

18 the age and service requirements set forth under 

19 subsection (g)(2), and such immigration judge’s 

20 nonforfeitable account balance is less than an 

21 amount that the Executive Director of the Fed22 eral Retirement Thrift Investment Board pre23 scribes by regulation, the Executive Director 

24 shall pay the nonforfeitable account balance to 

25 the participant in a single payment. 


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

2 FACILITIES. 

3 ‘‘(a) IN GENERAL.—Subject to subsection (c), if the ad4 ministrative council determines, based on specific and cred5 ible facts, that the current resources of the Immigration 

6 Courts are insufficient for the expeditious and effective ad7 ministration of justice, the appellate division may exercise 

8 its authority en banc to— 

9 ‘‘(1) appoint temporary immigration trial 

10 judges, which appointment shall be undertaken in a 

11 manner consistent with the requirements of section 

12 602, to the extent practicable; 

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

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

15 ‘‘(3) establish temporary court facilities in des16 ignated geographic areas. 

17 ‘‘(b) RECALL OF RETIRED JUDGES.— 

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

19 may be recalled for service if the judge provides to the 

20 clerk of the Immigration Courts written notice that 

21 the judge is willing to be recalled for service in ac22 cordance with the terms of this subsection. 

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

24 immigration judge who is recalled to serve as an im25 migration appeals judge or immigration trial judge 

26 may exercise all of the judicial powers and duties of 


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1 such judges in regular active service, except as specifi2 cally provided in this subtitle. Such judge shall not 

3 be counted for purposes of section 601(b)(1) or (c)(2). 

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

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

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

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

8 judge’s retirement annuity, if any. 

9 ‘‘(4) EFFECT ON CIVIL SERVICE RETIREMENT.— 

10 Except as provided in subsection (d), an immigration 

11 judge who is recalled for service who retired under 

12 chapter 83 or 84 of title 5, United States Code, shall 

13 be considered to be a reemployed annuitant under 

14 that chapter. Nothing in this subsection affects the 

15 right of an immigration judge who retired under 

16 chapter 83 or 84 of title 5, United States Code, to 

17 serve as a reemployed annuitant in accordance with 

18 the provisions of title 5, United States Code. 

19 ‘‘(c) REPORTING REQUIREMENTS.— 

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

21 authority described in subsection (a), the appellate di22 vision shall transmit a report to the Committee on the 

23 Judiciary of the House of Representatives and the 

24 Committee on the Judiciary of the Senate detailing— 


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

2 to the determination that additional court re3 sources are required; 

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

5 temporary immigration judges or court facilities 

6 that are required; and 

7 ‘‘(C) an estimate as to how long the appel8 late division expects the immigration judges or 

9 court facilities described in subsection (a) to re10 main in place. 

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

12 30 days after exercising the authority under sub13 section (a) and every 30 days thereafter, the appellate 

14 division shall report to the Committees named in 

15 paragraph (1) on the current status of the Immigra16 tion Courts and the continuing need for the tem17 porary immigration judges or court facilities. 

18 ‘‘(3) REDUCTION IN RESOURCES AND TERMI19 NATION.— 

20 ‘‘(A) GRADUAL REDUCTION IN RE21 SOURCES.—The appellate division shall, exer22 cising its authority en banc in accordance with 

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

24 individual temporary immigration judges and 

25 close individual temporary court facilities as the 


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1 appellate division, in consultation with the ad2 ministrative council, determines they are no 

3 longer required. For purposes of this subpara4 graph, section 602(g) does not apply. 

5 ‘‘(B) TERMINATION.—All temporary immi6 gration judge appointments shall be rescinded 

7 and all temporary court facilities closed upon 

8 the earliest of— 

9 ‘‘(i) the date that the appellate division 

10 determines, in consultation with the admin11 istrative council, that regular court re12 sources are sufficient to resume normal 

13 court operations; 

14 ‘‘(ii) the date that Congress directs that 

15 such actions be taken by concurrent resolu16 tion; or 

17 ‘‘(iii) 210 days after the appellate divi18 sion submits its initial report under para19 graph (1)(A), unless Congress extends such 

20 210-day period by law. 

21 ‘‘SEC. 604. JURISDICTION. 

22 ‘‘(a) APPELLATE DIVISION JURISDICTION.— 

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

24 Immigration Courts shall have jurisdiction over— 


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1 ‘‘(A) appeals of immigration trial judge de2 cisions, as described in section 625(c); 

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

4 of Homeland Security on petitions filed under 

5 section 204 to classify an alien described in sec6 tion 201(b)(2)(A)(i) or 203(a); and 

7 ‘‘(C) original proceedings and appeals in 

8 disciplinary matters concerning attorneys and 

9 practitioners before the Immigration Courts. 

10 ‘‘(2) SAVINGS CLAUSE.—In addition to the mat11 ters described in paragraph (1), the appellate division 

12 shall have jurisdiction to hear and decide all other 

13 matters over which the Board of Immigration Appeals 

14 had authority on the day before the application date 

15 described in section 6(a) of the Real Courts, Rule of 

16 Law Act of 2022. 

17 ‘‘(b) TRIAL DIVISION JURISDICTION.— 

18 ‘‘(1) IN GENERAL.—The trial division of the Im19 migration Courts shall have original jurisdiction 

20 over— 

21 ‘‘(A) removal proceedings as described in 

22 sections 238 and 240; 

23 ‘‘(B) review of rescissions of lawful perma24 nent residence under section 246; 


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1 ‘‘(C) review of credible fear determinations 

2 under section 235 and reasonable fear deter3 minations for aliens subject to reinstated orders 

4 of removal under section 241; 

5 ‘‘(D) review of applications for asylum re6 ferred by the Secretary of Homeland Security 

7 where the applicant is barred from being placed 

8 in removal proceedings under section 240, and 

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

10 or the United Nations Convention Against Tor11 ture where the individual is not in removal pro12 ceedings and is barred from asylum under this 

13 Act; 

14 ‘‘(E) determinations relating to bond, cus15 tody, or the detention of any alien in the custody 

16 of the Department of Homeland Security; 

17 ‘‘(F) determinations as to whether adminis18 trative actions arising from applications or peti19 tions filed by or on behalf of the alien and that 

20 are pending during the course of the alien’s re21 moval proceedings under section 240 have been 

22 unlawfully withheld or unreasonably delayed; 

23 and 


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1 ‘‘(G) disciplinary matters concerning attor2 neys and practitioners before the Immigration 

3 Courts. 

4 ‘‘(2) SAVINGS CLAUSE.—In addition to the mat5 ters described in paragraph (1), the trial division 

6 shall have jurisdiction to hear and decide all other 

7 matters over which immigration judges had authority 

8 on the day before the application date described in 

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

10 2022. 

11 ‘‘Subtitle B—Procedure and 

12 Appellate Review 

13 ‘‘SEC. 621. PROCEEDINGS. 

14 ‘‘(a) TRIAL DIVISION PROCEEDINGS.— 

15 ‘‘(1) IN GENERAL.—Except as provided in sec16 tion 604(a), all proceedings before the Immigration 

17 Courts shall originate in the trial division. Pro18 ceedings before the trial division shall be heard and 

19 decided by a single immigration trial judge, with 

20 matters assigned to such judges in a manner deter21 mined by the appellate division. 

22 ‘‘(2) AUTHORITY OF TRIAL DIVISION.—In pre23 siding over matters before the trial division, immigra24 tion trial judges may— 


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1 ‘‘(A) record and receive evidence, administer 

2 oaths, examine and cross-examine witnesses, set 

3 deadlines, and render findings of fact and con4 clusions of law; 

5 ‘‘(B) render decisions on respondents’ prima 

6 facie and discretionary eligibility for relief from 

7 removal; and 

8 ‘‘(C) order and take depositions, issue sub9 poenas requiring the attendance and testimony 

10 of witnesses and the production of documents or 

11 other evidence, and order responses to written in12 terrogatories. 

13 ‘‘(b) APPELLATE DIVISION PROCEEDINGS.— 

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

15 established by the appellate division, proceedings be16 fore the appellate division shall be heard and decided 

17 by immigration appeals judges sitting in panels of 

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

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

20 be reconsidered by the court sitting en banc. 

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

22 The chief judge of the Immigration Courts shall have 

23 precedence and preside at any session of the appellate 

24 division that such judge attends. Other immigration 

25 appeals judges shall have precedence and preside in 


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1 the appellate division according to the seniority of 

2 their original commissions and, for judges whose com3 missions bear the same date, according to seniority in 

4 age. 

5 ‘‘(c) CONTEMPT AUTHORITY.— 

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

7 have the authority, to sanction by civil money pen8 alty, any individual whose action or inaction ob9 structs the administration of justice or is otherwise in 

10 contempt of the lawful authority of such judge or the 

11 Immigration Courts. 

12 ‘‘(2) NOTICE.—No individual may be sanctioned 

13 for contempt under paragraph (1) without first re14 ceiving notice of the charges and an opportunity to 

15 rebut such charges. 

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

17 Courts shall have such assistance in carrying out its lawful 

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

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

20 of the United States, as that term is defined in section 451 

21 of title 28, United States Code. The United States marshal 

22 for a district in which the immigration trial judge is sitting 

23 shall, if requested by the presiding judge, attend any court 

24 proceeding in that district, and may otherwise provide, 

25 when requested by the chief trial judge of that immigration 


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1 trial court, for the security of the immigration trial court, 

2 including the personal protection of judges, court officers, 

3 witnesses, and other threatened persons in the interests of 

4 justice, where criminal intimidation impedes on the func5 tioning of the judicial process or any other official pro6 ceeding. The United States Marshals Service retains final 

7 authority regarding security requirements for the Immigra8 tion Courts. 

9 ‘‘(e) OPINIONS AND ORDERS.— 

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

11 issued in accordance with rules promulgated by the 

12 appellate division, except that decisions on the merits 

13 of an application or request for relief from removal 

14 rendered by the trial division or the appellate divi15 sion shall, to the greatest extent practicable, be issued 

16 in the form of a written opinion and shall include an 

17 analysis of the facts of the case and the legal rea18 soning for the decision. 

19 ‘‘(2) PRECEDENTS.—Unless subsequently modi20 fied or reversed by the appellate division, the court of 

21 appeals for the respective judicial circuit, or the Su22 preme Court, precedent decisions of the appellate divi23 sion shall be binding on all immigration judges and 

24 all officers and employees of executive agencies (as de25 fined in section 105 of title 5, United States Code) 


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1 with powers, functions, and duties under this Act and 

2 other laws relating to the immigration and natu3 ralization of aliens. 

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

5 United States Code, shall apply to all immigration judges 

6 and proceedings of the Immigration Courts. 

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

8 PROCEDURE. 

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

10 the appellate division shall promulgate rules of practice and 

11 procedure before the trial division and the appellate divi12 sion, including— 

13 ‘‘(1) rules governing the representation of par14 ties, which shall— 

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

16 attorneys to practice before the Immigration 

17 Courts and, as appropriate, for the admission of 

18 qualified non-attorney representatives; 

19 ‘‘(B) prescribe standards of practice and 

20 professional conduct, which shall apply to all at21 torneys and practitioners that appear before the 

22 Immigration Courts; and 

23 ‘‘(C) provide for disciplinary proceedings 

24 before the Immigration Courts for attorneys and 


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1 practitioners who do not comply with the stand2 ards described in subparagraph (B); 

3 ‘‘(2) rules governing the exercise of the appellate 

4 division’s en banc authority over adjudicative mat5 ters, including decisions of an appellate division 

6 panel; 

7 ‘‘(3) rules setting forth the types of matters that 

8 are appropriate for review by a single appellate 

9 judge; 

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

11 issuance of opinions and written orders, and prece12 dent decisions; 

13 ‘‘(5) rules governing the use of video teleconfer14 encing technology or other similar technologies, with 

15 a presumption against the use of video teleconfer16 encing in proceedings where the alien’s eligibility for 

17 relief from removal is being evaluated, unless re18 quested by the alien; 

19 ‘‘(6) procedures, consistent with section 602(f)(2) 

20 for receiving, investigating, and resolving complaints 

21 regarding the conduct of immigration judges; and 

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

23 to the appellate division as described in this title. 


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1 ‘‘(b) LOCAL RULES.—Each chief trial judge may es2 tablish local rules of practice and procedure, provided 

3 that— 

4 ‘‘(1) such rules are consistent with the provisions 

5 of this title; 

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

7 the immigration trial court of that chief judge concur 

8 to the local rules; and 

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

10 ‘‘(c) IMMIGRATION COURT FEES.— 

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

12 prescribe rules which provide for the collection of rea13 sonable filing fees and other fees, as appropriate. 

14 Each such fee may not exceed the fee charged and col15 lected for the same or a substantially similar purpose 

16 by the Federal district courts or the Department of 

17 Homeland Security. 

18 ‘‘(2) WAIVER.—Rules promulgated by the appel19 late division shall include procedures under which 

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

21 hardship. 

22 ‘‘(d) PUBLICATION OF RULES AND FEES.—The admin23 istrative division shall maintain a public website that con24 tains or consolidates current information on all rules and 


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1 fees of the Immigration Courts, including all local rules es2 tablished under this subsection. 

3 ‘‘SEC. 623. REPRESENTATION OF PARTIES AND OTHER AS4 SISTANCE. 

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

6 the Immigration Courts, the person or party concerned shall 

7 have the privilege of being represented (at no expense to the 

8 Government) by such counsel, authorized to practice before 

9 the Immigration Courts, of their own choosing. 

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

11 establish a program to ensure the use of qualified inter12 preters in proceedings before the Immigration Courts. 

13 ‘‘(c) LEGAL ORIENTATION PROGRAM.—The Immigra14 tion Courts shall maintain, through agreements with legal 

15 services and other nonprofit organizations, a legal orienta16 tion program that explains the Court’s procedures and pro17 vides basic legal information to individuals who are or may 

18 become parties to proceedings before the Immigration 

19 Courts. 

20 ‘‘SEC. 624. AVAILABILITY OF INFORMATION. 

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

22 Precedent decisions of the appellate division shall be pub23 lished in such form and manner as may be best adapted 

24 for public information and use. 


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

2 AND RECORDS.— 

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

4 non-precedent decisions of the Immigration Courts 

5 and all briefs, motions, documents, and exhibits re6 ceived by such court (including hearing transcripts) 

7 shall be made available to the public. 

8 ‘‘(2) CONFIDENTIAL INFORMATION.—The Immi9 gration Courts shall preserve the confidentiality of in10 formation relating to matters involving national secu11 rity, asylum and other forms of protection, and 

12 claims under the Violence Against Women Act (Public 

13 Law 103–322, title IV, 108 Stat. 1902), as amended, 

14 or any other applicable law. The Immigration Courts 

15 may make any provision necessary to prevent the dis16 closure of confidential information in its proceedings 

17 and records, including requiring that such informa18 tion be placed under seal to be opened only as di19 rected by the Immigration Courts. 

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

21 ‘‘(a) IN GENERAL.—In any proceeding before the Im22 migration Courts, the immigration judge shall— 

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

24 and questions of law; and 


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1 ‘‘(2) compel administrative action on an appli2 cation or petition filed by or on behalf of the alien 

3 that is unlawfully withheld or unreasonably delayed. 

4 ‘‘(b) TRIAL DIVISION PROCEEDINGS.—The decision of 

5 an immigration trial judge shall be based only on the evi6 dence produced at the hearing and shall set forth the judge’s 

7 findings of fact, reasoning to support discretionary deter8 minations, and conclusions of law. Immigration trial 

9 judges may take judicial notice of commonly known facts. 

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

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

12 from an immigration trial judge decision, the appel13 late division shall limit its review to the scope of 

14 issues raised on appeal and shall conduct its review 

15 of the decision based on the record of proceedings of 

16 the trial division. 

17 ‘‘(2) FACT FINDING.—Aside from taking judicial 

18 notice of commonly known facts, the appellate divi19 sion shall not engage in fact finding in considering 

20 an appeal of an immigration trial judge decision, 

21 and shall defer to the factual findings of the immigra22 tion trial judge unless such findings are challenged 

23 and determined to be clearly erroneous. 

24 ‘‘(d) REVIEW BY THE UNITED STATES COURTS OF AP25 PEALS.—A decision of the appellate division may be apVerDate Sep 11 2014 23:05 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H6577.RH H6577

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1 pealed by a party to such proceeding and reviewed by the 

2 United States court of appeals for the judicial circuit 

3 wherein venue lies, in accordance with section 242, as ap4 plicable. If the Government appeals a decision pursuant to 

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

6 such appeal is financially unable to obtain adequate rep7 resentation, representation for such alien shall be provided 

8 through the plan for representation on appeal that is in 

9 effect under section 3006A of title 18, United States Code.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents at 

11 the beginning of the Immigration and Nationality Act (8 

12 U.S.C. 1101 et seq.) is amended by adding at the end the 

13 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.’’. 

14 SEC. 3. EMPLOYEES. 

15 (a) CLERK OF THE COURT.—The chief judge may ap16 point, and prescribe the duties for, a clerk of the court with17 out regard to the provisions of title 5, United States Code, 

18 governing appointments in the competitive service. 


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1 (b) CHAMBERS STAFF.—Immigration judges may ap2 point law clerks and secretaries, in such numbers as the 

3 appellate division approves, without regard to the provi4 sions of title 5, United States Code, governing appointments 

5 in the competitive service. 

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

7 the chief administrative officer may appoint deputies and 

8 employees, in such numbers as the appellate division ap9 proves, without regard to the provisions of title 5, United 

10 States Code, governing appointments in the competitive 

11 service. 

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

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

14 administrative officer, and other employees of the Immigra15 tion Courts without regard to the provisions of chapter 51, 

16 subchapter III of chapter 53, or section 5373 of title 5, 

17 United States Code. To the maximum extent feasible, such 

18 employees shall be compensated at rates consistent with 

19 those for employees holding comparable positions in the ju20 dicial branch. 

21 (e) PREFERENCE ELIGIBLES.—In making appoint22 ments under subsections (a) through (c), preference shall be 

23 given, among equally qualified persons, to persons who are 

24 preference eligible (as defined in section 2108(3) of title 5, 

25 United States Code). 


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1 (f) EXPERTS AND CONSULTANTS.—The Immigration 

2 Courts may procure the services of experts and consultants 

3 as provided under section 3109 of title 5, United States 

4 Code. 

5 SEC. 4. BUDGET AND EXPENDITURES. 

6 (a) COURT BUDGET.—For each fiscal year, the budget 

7 of the Immigration Courts shall be established by the Immi8 gration Courts, without review or modification by the exec9 utive branch, and shall be included in the budget of the 

10 President as submitted. 

11 (b) PERMISSIBLE COURT EXPENDITURES.— 

12 (1) The Immigration Courts may make such ex13 penditures (including expenditures for personal serv14 ices and rent at the seat of Government and elsewhere, 

15 and for law books, books of reference, and periodicals) 

16 as may be necessary to execute efficiently the judicial 

17 and administrative functions vested in the Courts. 

18 (2) The Immigration Courts may receive and ex19 pend funds appropriated to the Courts for purposes of 

20 paragraph (1) either— 

21 (A) directly, or 

22 (B) by transfer to— 

23 (i) the Director of the Administrative 

24 Office of the United States Courts, 


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1 (ii) another court established under ar2 ticle I of the Constitution, or 

3 (iii) an executive agency as defined in 

4 section 105 of title 5, United States Code, 

5 to cover the expense of such administrative support 

6 and guidance (including budgetary and financial, 

7 payroll and personnel, protective and security, record8 keeping and statistical, and information technology 

9 services) as the Court may request and the Director, 

10 court, or agency may agree to provide from time to 

11 time. 

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

13 expenditures of the Immigration Courts shall be allowed 

14 and paid upon presentation of itemized vouchers signed by 

15 the certifying officer designated by the chief judge. 

16 SEC. 5. ANNUAL REPORT. 

17 (a) IN GENERAL.—Not later than April 1 of each year, 

18 the chief judge shall submit to the Committee on the Judici19 ary of the House of Representatives and the Committee on 

20 the Judiciary of the Senate, a report summarizing the 

21 workload of the Immigration Courts for the preceding fiscal 

22 year. 

23 (b) CONTENTS.—The report described in subsection (a) 

24 shall contain— 


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1 (1) demographic information, including the age, 

2 gender, and nationality of respondents appearing be3 fore the Immigration Courts, and rates at which such 

4 respondents are represented by counsel; 

5 (2) outcomes of removal proceedings, including 

6 grant rates for immigration relief, disaggregated by 

7 geographical area and immigration trial judge; 

8 (3) outcomes of bond hearings, disaggregated by 

9 geographical area and immigration trial court; 

10 (4) the number of cases currently pending before 

11 the trial and appellate divisions of the Immigration 

12 Courts, and the change in such number from the prior 

13 fiscal year; 

14 (5) the average number of days for which a re15 spondent waits to have their case heard, disaggregated 

16 by geographical area; and 

17 (6) any information requested by the Committees 

18 named in subsection (a), provided such request is 

19 timely and reasonable. 

20 SEC. 6. APPLICATION DATE; TRANSITIONAL PROVISIONS. 

21 (a) APPLICATION DATE.—The Immigration Courts 

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

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

24 date (for purposes of this Act, referred to as the ‘‘application 

25 date’’) that is— 


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

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

3 date is 180 days or more after the date of enactment 

4 of this Act; or 

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

6 after the date of the enactment of this Act, if the first 

7 day of the first full fiscal year after the date of enact8 ment of this Act is less than 180 days after the date 

9 of enactment of this Act; and 

10 (2) the date on which 3 or more immigration ap11 peals judges have been duly appointed by the Presi12 dent, in accordance with procedures set forth in sec13 tion 6(c) of this Act and 601(b)(2) of the Immigration 

14 and Nationality Act, as added by this Act. 

15 (b) TRANSITION PERIOD AND APPOINTMENT OF IN16 TERIM IMMIGRATION TRIAL JUDGES.— 

17 (1) TRANSITION PERIOD.—The transition period 

18 described in this section shall be the 4-year period be19 ginning on the application date of this Act. 

20 (2) INTERIM IMMIGRATION TRIAL JUDGES.— 

21 (A) IN GENERAL.—Each individual serving 

22 as an immigration judge in the Executive Office 

23 for Immigration Review on the date that is the 

24 day before the application date of this Act shall 

25 become an interim immigration trial judge. 


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1 (B) AUTHORITY OF INTERIM IMMIGRATION

2 TRIAL JUDGES.—Interim immigration judges 

3 shall have the authority to exercise all powers of 

4 an immigration trial judge as provided in title 

5 VI of the Immigration and Nationality Act (8 

6 U.S.C. 601 et seq.). 

7 (C) TERM OF SERVICE.—An interim immi8 gration trial judge may serve until the transi9 tion period has ended and a successor is ap10 pointed, or for a period not to exceed 5 years, 

11 whichever is shorter. An otherwise qualified in12 terim judge may be appointed as an immigra13 tion trial judge. 

14 (D) CREDIT AND ELIGIBILITY FOR BENE15 FITS.—Service as an interim immigration trial 

16 judge shall be included in the same manner as 

17 service as an immigration trial judge for pur18 poses of calculating service credit, retirement eli19 gibility, and disability. 

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

21 the amendments made by this Act may be con22 strued to— 

23 (i) preclude an interim immigration 

24 trial judge who is not appointed for a term 

25 appointment by the appellate division 


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

2 and Nationality Act, as added by this Act, 

3 from eligibility for appointment as an ad4 ministrative judge, administrative law 

5 judge, and for attorney positions in agencies 

6 throughout the Federal Government; or 

7 (ii) make an interim immigration 

8 judge described in clause (i) ineligible for 

9 early retirement pursuant to section 

10 8336(d)(2)(D) or 8414(b)(1)(B) of title 5, 

11 United States Code. 

12 (c) FIRST APPOINTMENTS TO THE UNITED STATES IM13 MIGRATION COURTS.— 

14 (1) APPELLATE DIVISION.— 

15 (A) IN GENERAL.—Notwithstanding section 

16 601(b)(2)(B) of the Immigration and Nation17 ality Act as added by this Act, the first 21 im18 migration appeals judges appointed shall serve 

19 for the following terms: 

20 (i) The terms of the first 7 immigra21 tion appeals judges appointed shall termi22 nate on the date that is 5 years after the 

23 date described in subsection (a). 

24 (ii) The terms of the next 7 immigra25 tion appeals judges appointed after the 


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1 judges referred to in clause (i) shall termi2 nate on the date that is 10 years after the 

3 date described in subsection (a). 

4 (iii) The terms of the next 7 immigra5 tion appeals judges appointed after the 

6 judges referred to in clause (ii) shall termi7 nate on the date that is 15 years after the 

8 date described in subsection (a). 

9 (B) SUCCESSION.—Each immigration ap10 peals judge described in subparagraph (A) may 

11 continue to serve after the expiration of the des12 ignated term if such judge is reappointed in ac13 cordance with section 601(b)(2)(B) of the Immi14 gration and Nationality Act as added by this 

15 Act. 

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

17 before the transition period has ended, the appellate 

18 division shall establish procedures and requirements 

19 related to the appointment of immigration trial 

20 judges. 

21 (3) CLARIFICATION.—Notwithstanding para22 graphs (1) and (2) and section 601 of the Immigra23 tion and Nationality Act, as added by this Act, any 

24 individual appointed to fill an immigration trial 

25 judge vacancy during the transition period described 


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1 in subsection (b)(1) shall serve only until the transi2 tion period has ended and until a successor is ap3 pointed in accordance with section 602 of the Immi4 gration and Nationality Act, but not more than 1 

5 year after the end of the transition period. 

6 (d) PRIOR SERVICE CREDIT.— 

7 (1) IN GENERAL.—The period that a covered im8 migration judge who elects to receive retired pay 

9 under section 602 of the Immigration and Nation10 ality Act, as added by this Act, serves as a member 

11 of the Board of Immigration Appeals, an immigra12 tion judge, or an administrative law judge in the Ex13 ecutive Office for Immigration Review of the Depart14 ment of Justice, shall be included, up to a maximum 

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

16 Immigration Courts for purposes of computing the 

17 years of service as an immigration judge. 

18 (2) COVERED IMMIGRATION JUDGE DEFINED.— 

19 In this subsection, the term ‘‘covered immigration 

20 judge’’ means— 

21 (A) an immigration appeals judge ap22 pointed under section 601(b) of the Immigration 

23 and Nationality Act, as added by this Act; 


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1 (B) an immigration trial judge appointed 

2 under section 601(c) of the Immigration and Na3 tionality Act, as added by this Act; or 

4 (C) an interim immigration trial judge 

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

6 SEC. 7. INSTITUTIONAL TRANSFER; CONTINUITY OF PRO7 CEEDINGS. 

8 (a) EXISTING PRECEDENT.— 

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

10 Attorney General or the Board of Immigration Ap11 peals under title II of the Immigration and Nation12 ality Act (8 U.S.C. 1151 et seq.) that were issued be13 fore the application date of this Act shall continue to 

14 serve as precedent in proceedings before the Immigra15 tion Courts unless explicitly overruled by such court. 

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

17 consistent with this Act, the rules of the Attorney 

18 General that were in effect before the application date 

19 of this Act, shall remain in effect until amended or 

20 revoked by the appellate division. 

21 (b) INSTITUTIONAL TRANSFER.— 

22 (1) EXECUTIVE OFFICE FOR IMMIGRATION RE23 VIEW.— 

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

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1 utive Office for Immigration Review on the date 

2 that is the day before the application date of this 

3 Act are transferred to the Immigration Courts on 

4 the application date of this Act. 

5 (B) EXCEPTIONS.— 

6 (i) OCAHO.—The Office of the Chief 

7 Administrative Hearing Officer and the 

8 functions of the Executive Office for Immi9 gration Review that support such office 

10 shall remain under the Department of Jus11 tice. 

12 (ii) OTHER FUNCTIONS.—The func13 tions of the Executive Office for Immigra14 tion Review that are not necessary or ap15 propriate for transfer to the Immigration 

16 Courts shall be reassigned to other agencies 

17 within the Department of Justice or dis18 solved at the discretion of the Attorney Gen19 eral. 

20 (2) TRANSFER AND ALLOCATION OF APPROPRIA21 TIONS AND PERSONNEL.—Except as provided in this 

22 section, the personnel of the Executive Office for Im23 migration Review employed in connection with the 

24 functions transferred by this section, and the assets, 

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1 pended balance of appropriations, authorizations, al2 locations, and other funds employed, held, used, aris3 ing from, available to, or to be made available to, the 

4 Executive Office for Immigration Review, in connec5 tion with the functions transferred by this section, 

6 subject to section 202 of the Budget and Accounting 

7 Procedures Act of 1950, shall be transferred to the Im8 migration Courts on the application date of this Act. 

9 Unexpended funds transferred pursuant to this para10 graph shall be used only for the purposes for which 

11 the funds were originally authorized and appro12 priated. 

13 (3) PENDING CASES.— 

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

15 Act shall not result in any loss of rights or pow16 ers, interruption of jurisdiction, or prejudice to 

17 matters under title II of the Immigration and 

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

19 are pending before the Board of Immigration 

20 Appeals or an immigration judge on the applica21 tion date of this Act. 

22 (B) TRANSFER.—All proceedings under title 

23 II of the Immigration and Nationality Act (8 

24 U.S.C. 1151 et seq.) which are pending before the 

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1 tion judge on the application date of this Act 

2 shall be transferred to the Immigration Courts to 

3 proceed before the trial division or the appellate 

4 division as appropriate. 

5 SEC. 8. REVIEW BY THE JUDICIAL CONFERENCE; CON6 SULTATION REQUIREMENTS. 

7 The Judicial Conference of the United States shall con8 duct a review of adjudications in the United States Immi9 gration Courts at least once every 4 years, as part of its 

10 comprehensive survey of business in the courts of the United 

11 States conducted pursuant to title 28, section 331. At the 

12 conclusion of its review, the Judicial Conference shall sub13 mit a report of its findings to the appellate division and 

14 the Committee on the Judiciary of the House of Representa15 tives and the Committee on the Judiciary of the Senate. 

16 The Committees shall cause to have such report printed in 

17 the Congressional Record. 

18 SEC. 9. TECHNICAL AND CONFORMING PROVISIONS. 

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

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

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

22 (4) to read as follows: 

23 ‘‘(4) The term ‘immigration judge’ means an immigra24 tion appeals judge or immigration trial judge appointed 


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1 to serve in the United States Immigration Courts estab2 lished under title VI.’’; 

3 (2) in section 238(a)(1)— 

4 (A) by striking ‘‘Attorney General’’ and in5 serting ‘‘Immigration Courts’’; and 

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

7 ‘‘Department of Homeland Security’’; 

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

9 General’’ each place such term appears and inserting 

10 ‘‘Secretary of Homeland Security’’; 

11 (4) in section 238(a)(3)— 

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

13 as follows: 

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

15 the case of any alien convicted of an aggravated felony, re16 moval proceedings, and any administrative appeals thereof, 

17 shall be completed, to the extent possible, before the alien’s 

18 release from incarceration for the underlying aggravated 

19 felony.’’; and 

20 (B) in subparagraph (B), by striking ‘‘At21 torney General’’ and inserting ‘‘Secretary of 

22 Homeland Security’’; 

23 (5) in section 238(a)(4)(A) by striking ‘‘Attorney 

24 General’’ each place it appears and inserting ‘‘admin25 istrative council of the Immigration Courts’’; 


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

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

3 (7) in section 238(b)(3)— 

4 (A) by striking ‘‘Attorney General’’ and in5 serting ‘‘Secretary of Homeland Security’’; and 

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

7 ‘‘seek’’; 

8 (8) in section 238(b) by amending paragraph (4) 

9 to read as follows— 

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

11 ‘‘(A) the alien shall— 

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

13 charges and of the opportunity described in 

14 subparagraph (C); 

15 ‘‘(ii) have the privilege of being rep16 resented (at no expense to the government) 

17 by such counsel, authorized to practice in 

18 such proceedings, as the alien shall choose; 

19 and 

20 ‘‘(iii) have a reasonable opportunity to 

21 inspect the evidence and rebut the charges; 

22 and 

23 ‘‘(B) the immigration judge shall ensure 

24 that— 


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

2 record that the individual upon whom the 

3 notice for the proceeding under this section 

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

5 fact, the alien named in such notice; and 

6 ‘‘(ii) a record is maintained for judi7 cial review.’’; 

8 (9) in section 238(b)(5)— 

9 (A) by striking ‘‘Attorney General’’ and in10 serting ‘‘immigration judge’’; and 

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

12 inserting ‘‘immigration judge’s’’; 

13 (10) by redesignating the second subsection (c) of 

14 section 238 as subsection (d) and in the newly des15 ignated subsection (d)— 

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

17 place such term appears and inserting ‘‘Sec18 retary of Homeland Security’’; 

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

20 place such term appears and inserting ‘‘Sec21 retary of Homeland Security’’; and 

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

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

24 Security’’; 


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

2 General’’ in each place such term appears and insert3 ing ‘‘Immigration Courts’’; 

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

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

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

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

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

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

10 (15) in section 240(b)— 

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

12 (B) by redesignating paragraphs (2) 

13 through (5) as paragraphs (1) through (4), re14 spectively; 

15 (C) by redesignating paragraph (7) as 

16 paragraph (5); 

17 (D) by amending paragraph (1) as redesig18 nated by this paragraph to read as follows: 

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

20 may take place— 

21 ‘‘(A) in person; or 

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

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


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

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

3 and inserting ‘‘immigration judge’’; 

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

5 this paragraph— 

6 (i) in the matter preceding subpara7 graph (A), by striking ‘‘, under regulations 

8 of the Attorney General’’; and 

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

10 at no expense to the Government, by counsel 

11 of the alien’s choosing who is authorized to 

12 practice in such proceedings’’ and inserting 

13 ‘‘in accordance with section 623(a)’’; and 

14 (G) in paragraph (4)(A) as redesignated by 

15 this paragraph— 

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

17 ‘‘Government’’; and 

18 (ii) by amending the last sentence to 

19 read as follows: ‘‘Written notice shall be 

20 considered sufficient for purposes of this 

21 subparagraph if provided at the most recent 

22 address provided under section 

23 239(a)(1)(F).’’; 


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1 (16) in section 240(c)(2), in the matter following 

2 subparagraph (B), by striking ‘‘Attorney General’’ 

3 and inserting ‘‘Secretary of Homeland Security’’; 

4 (17) in section 240(c)(3)— 

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

6 and inserting ‘‘GOVERNMENT’’; and 

7 (B) by striking ‘‘Service’’ in each place such 

8 term appears and inserting ‘‘Government’’; 

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

10 (A) by striking ‘‘Attorney General’’ and in11 serting ‘‘immigration judge’’; and 

12 (B) by striking ‘‘Immigration and Natu13 ralization Service’’ and inserting ‘‘Secretary of 

14 Homeland Security’’; 

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

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

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

19 inserting ‘‘immigration judge’s’’; 

20 (20) in section 240(d) by amending the first sen21 tence to read as follows: ‘‘An immigration judge may 

22 enter an order of removal stipulated to by the alien 

23 (or the alien’s representative) and the Government.’’; 


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1 (21) in section 242(a)(2)(A) by striking ‘‘Attor2 ney General’’ in each place such term appears and 

3 inserting ‘‘Secretary of Homeland Security’’; 

4 (22) in section 242(a)(2)(B)(ii), by striking ‘‘At5 torney General’’ each place it appears and inserting 

6 ‘‘the appellate division of the Immigration Courts’’; 

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

8 following: 

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

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

11 proceeding before the court of appeals is in the judi12 cial circuit in which— 

13 ‘‘(A) an immigration trial judge of the Im14 migration Court issued the original underlying 

15 decision in the matter; or 

16 ‘‘(B) the underlying administrative action 

17 reviewed by the appellate division of the Court 

18 occurred.’’; 

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

20 after ‘‘immigration’’; 

21 (25) in section 242(b)(3)(A)— 

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

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

24 (B) by amending the second sentence to 

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


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1 the Attorney General and on the officer or em2 ployee of the Department of Homeland Security 

3 in charge of the district in which the final order 

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

5 (26) in section 242(b)(4)(D) by striking ‘‘Attor6 ney General’s’’ and inserting ‘‘immigration judge’s’’; 

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

8 General’’ in each place such term appears and insert9 ing ‘‘Secretary of Homeland Security’’; 

10 (28) in section 242(e)(2)(C) by striking ‘‘as pre11 scribed by the Attorney General’’; 

12 (29) in section 242(e)(3)(A)(ii) by striking ‘‘At13 torney General’’ and inserting ‘‘Secretary of Home14 land Security’’; 

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

16 General’’ and inserting ‘‘Secretary of Homeland Se17 curity’’; and 

18 (31) in section 246(a)— 

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

20 place it appears and inserting ‘‘Secretary of 

21 Homeland Security’’; and 

22 (B) by striking the second sentence and in23 serting the following: ‘‘Upon request of the indi24 vidual whose status has been rescinded, the Sec25 retary of Homeland Security shall refer such reVerDate Sep 11 2014 23:05 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H6577.RH H6577

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1 scission to the United States Immigration Courts 

2 for review in accordance with section 

3 604(b)(1)(B).’’. 

4 (b) CONSTRUCTION OF EXISTING REFERENCES.—To 

5 the extent consistent with this Act, each reference in the Im6 migration and Nationality Act (8 U.S.C. et seq.), or in any 

7 rule prescribed thereunder— 

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

9 immigration judge, or any administrative appeal, 

10 hearing, review, or other proceeding before such Board 

11 or judge, shall be deemed to refer, as appropriate, to 

12 the United States Immigration Courts established 

13 under title VI of the Immigration and Nationality 

14 Act, as added by this Act, to the appropriate division 

15 of the Court, or to the corresponding proceedings 

16 under this Act before such Court; and 

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

18 prescribe rules with respect to the Executive Office for 

19 Immigration Review, the Board of Immigration Ap20 peals, immigration judges, or administrative appeals, 

21 hearings, reviews, or other proceedings conducted 

22 under the Immigration and Nationality Act, by such 

23 Office, Board, or judges, shall be deemed to confer 

24 rulemaking authority on the appellate division of the 

25 United States Immigration Courts established in title 


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1 VI of the Immigration and Nationality Act, as added 

2 by this Act. 

3 (c) FINANCIAL DISCLOSURE REPORTING.—Section 109 

4 of the Ethics in Government Act of 1978 (5 U.S.C. App.) 

5 is amended— 

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

7 States Immigration Courts,’’ after ‘‘Court of Appeals 

8 for Veterans Claims,’’; and 

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

10 States Immigration Courts,’’ after ‘‘Court of Appeals 

11 for Veterans Claims,’’. 


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Union Calendar No. 468 

117TH CONGRESS 

2D SESSION H. R. 6577 

[Report No. 117–649, Part I] 

A BILL 

To establish, under article I of the Constitution of 

as the United States Immigration Courts. the United States, a court of record to be known 

DECEMBER 20, 2022 

Reported from the Committee on the Judiciary with an 

amendment 

DECEMBER 20, 2022 

Committee on the Budget discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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