I 

117TH CONGRESS 

2D SESSION H. R. 6577 

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 

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 2022’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 6577 IH

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. Effective 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 The Immigration and Nationality Act is amended by 

4 adding at the end the following: 

5 ‘‘TITLE VI—UNITED STATES 

6 IMMIGRATION COURTS 

7 ‘‘Subtitle A—Organization and 

8 Jurisdiction 

9 ‘‘SEC. 601. ESTABLISHMENT AND STRUCTURE. 

10 ‘‘(a) ESTABLISHMENT.— 

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

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

13 system of courts of record to be known as the 

14 United States Immigration Courts (referred to in 

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

16 court of record may be referred to as an ‘immigra17 tion court’. The Immigration Courts is not an agen18 cy of, and shall be independent of, the executive 

19 branch of the Government. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 6577 IH

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 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 6577 IH

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 in accordance 

12 with this paragraph. At the conclusion of the 

13 term, such successor may be reappointed in ac14 cordance with subparagraph (B). 

15 ‘‘(3) CHIEF JUDGE.— 

16 ‘‘(A) DESIGNATION.— 

17 ‘‘(i) IN GENERAL.—The chief judge 

18 shall be the immigration appeals judge who 

19 is most senior in appointment among the 

20 immigration appeals judges who, at that 

21 time of appointment to the appellate divi22 sion— 

23 ‘‘(I) have served for 1 or more 

24 years; 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 6577 IH

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— 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 6577 IH

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.— 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 6577 IH

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 

paragraph, not less than 2 20 ⁄3 of all immigration 

21 appeals judges in regular active service shall 

22 constitute a quorum. 

23 ‘‘(c) TRIAL DIVISION.— 

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

25 Immigration Courts shall be composed of immigraVerDate Sep 11 2014 17:35 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6577.IH H6577

pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 6577 IH

1 tion trial courts, the number and geographical loca2 tion of which shall be determined by the administra3 tive council, in accordance with the procedures de4 scribed in subsection (d)(3)(B). Each immigration 

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

6 ‘‘(2) APPOINTMENT OF IMMIGRATION TRIAL

7 JUDGES.— 

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

9 section 603, each immigration trial judge shall 

10 be appointed by the appellate division consistent 

11 with the requirements described in section 602. 

12 ‘‘(B) TERM OF OFFICE.—Each immigra13 tion trial judge shall be appointed for a term of 

14 15 years and may be reappointed for additional 

15 15-year terms. An immigration trial judge who 

16 is not reappointed for an additional term may 

17 continue to serve after the expiration of the 

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

19 successor is appointed, whichever occurs first. 

20 ‘‘(3) CHIEF TRIAL JUDGES.— 

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

22 designate one immigration trial judge to serve 

23 as the chief trial judge for each geographical 

24 area. If only one immigration trial judge preVerDate Sep 11 2014 17:35 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6577.IH H6577

pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 6577 IH

1 sides over a geographical area, that judge shall 

2 be designated the chief trial judge. 

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

4 shall serve for an initial term of 5 years and 

5 may be reappointed for additional 5-year terms, 

6 or other periods of time that are less than 5 

7 years as determined by the appellate division. 

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

9 fulfilling regular judicial duties, chief trial 

10 judges shall be responsible for— 

11 ‘‘(i) overseeing the administrative op12 erations of the trial division in the geo13 graphical area in which they are located; 

14 and 

15 ‘‘(ii) fulfilling all other duties and re16 sponsibilities articulated in this Act or del17 egated to the chief trial judges by the chief 

18 judge. 

19 ‘‘(d) ADMINISTRATIVE DIVISION.— 

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

21 of the Immigration Courts shall consist of an admin22 istrative office and an administrative council. 

23 ‘‘(2) ADMINISTRATIVE OFFICE.—The adminis24 trative office shall be managed by a chief adminis25 trative officer, who shall be responsible for— 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 6577 IH

1 ‘‘(A) implementing and administering oper2 ational rules, policies, and procedures of the 

3 Immigration Courts established by the appellate 

4 division or the administrative council; 

5 ‘‘(B) assisting the administrative council in 

6 executing its responsibilities as described in 

7 paragraph (3); and 

8 ‘‘(C) fulfilling all other administrative du9 ties and responsibilities articulated in this Act 

10 or delegated by the chief judge. 

11 ‘‘(3) ADMINISTRATIVE COUNCIL.— 

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

13 appellate division shall summon annually the 

14 chief trial judge of each court of the trial divi15 sion to a meeting at such time and place in the 

16 United States as the chief judge may designate. 

17 The chief judge shall preside at such meeting 

18 which shall be known as the administrative 

19 council of the Immigration Courts. Special ses20 sions of the council may be called by the chief 

21 judge at such times and places as the chief 

22 judge may designate. If the chief trial judge of 

23 any court of the trial division is unable to at24 tend, the chief judge may summon any other 

25 judge from such court. Every judge summoned 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 6577 IH

1 shall attend and, unless excused by the chief 

2 judge, shall remain throughout the sessions of 

3 the council and advise as to the needs of that 

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

5 of which the administration of justice in the 

6 Immigration Courts may be improved. 

7 ‘‘(B) DETERMINATION OF NUMBER OF RE8 QUIRED JUDGES AND GEOGRAPHICAL AREAS OF

9 SERVICE.— 

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

11 after the date of the enactment of the Real 

12 Courts, Rule of Law Act of 2022, and 

13 every 4 years thereafter, the administrative 

14 council shall conduct a survey, which shall 

15 include the solicitation of information and 

16 recommendations from the public, to deter17 mine the number of immigration trial 

18 courts required to provide for the expedi19 tious and effective administration of jus20 tice, as well as the geographical areas to be 

21 served by such courts. In conducting the 

22 survey, the administrative council shall— 

23 ‘‘(I) assess the continuing need 

24 for existing immigration trial court 

25 positions and the need for additional 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 6577 IH

1 positions in each geographical loca2 tion; 

3 ‘‘(II) evaluate local conditions in 

4 each geographical location, including 

5 the proximity to populations to be 

6 served, the quality and availability of 

7 infrastructure to support transpor8 tation and communication, and the 

9 availability of legal services for indi10 gent and non-English speaking indi11 viduals; 

12 ‘‘(III) consider proximity and ac13 cess to judicial and Department of 

14 Homeland Security facilities; and 

15 ‘‘(IV) consider the allocation of 

16 immigration trial courts and judges 

17 among existing geographical areas 

18 and whether the administration of 

19 justice would be better served by the 

20 presence of immigration trial courts 

21 and judges in new or different areas. 

22 ‘‘(ii) PUBLICATION OF SURVEY RE23 SULTS.—The administrative council shall 

24 publish the results of the survey described 

25 in subparagraph (A). 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 6577 IH

1 ‘‘(iii) NOTICE OF VACANCIES.—The 

2 administrative council shall publish notice 

3 of any immigration judge vacancies or new 

4 staff positions. 

5 ‘‘(C) MERIT SELECTION PANEL.— 

6 ‘‘(i) APPOINTMENT OF IMMIGRATION

7 JUDGES.—The administrative council shall 

8 establish a merit selection panel to assist 

9 in identifying and recommending individ10 uals who are best qualified to serve as im11 migration judges, consistent with sub12 sections (a), (b), and (c) of section 602. 

13 ‘‘(ii) COMPOSITION.—The panel de14 scribed in paragraph (1) shall consist of 

15 qualified individuals with experience in a 

16 diverse range of settings, including aca17 demia, nongovernmental organizations, pri18 vate immigration practice, and government 

19 service. 

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

21 JUDGES. 

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

23 Each immigration judge shall— 

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

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


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 6577 IH

1 or any combination thereof, for not less than 10 

2 years; 

3 ‘‘(2) possess, and have a reputation for, integ4 rity and good character; 

5 ‘‘(3) possess and have demonstrated a commit6 ment to equal justice under the law; 

7 ‘‘(4) possess and have demonstrated out8 standing legal ability and competence, as evidenced 

9 by substantial legal experience, ability to deal with 

10 complex legal problems, aptitude for legal scholar11 ship and writing, and familiarity with courts and 

12 court processes; 

13 ‘‘(5) exhibit demeanor, character, and person14 ality that indicate a judicial temperament; and 

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

16 hearings that are consistent with due process. 

17 ‘‘(b) ADDITIONAL FACTORS FOR THE APPOINTMENT

18 OF IMMIGRATION JUDGES.—In appointing immigration 

19 judges, the President and the appellate division shall en20 sure that— 

21 ‘‘(1) qualified candidates are identified without 

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

23 disability, age, or any other factor protected under 

24 Federal law; 

25 ‘‘(2) the corps of immigration judges— 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•HR 6577 IH

1 ‘‘(A) is comprised primarily of individuals 

2 with prior legal experience in immigration law; 

3 and 

4 ‘‘(B) to the extent practicable, reflects a 

5 balance of individuals with prior legal experi6 ence in the public sector and private sector; and 

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

8 political party affiliation or perceived political ide9 ology. 

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

11 may be appointed as an immigration trial judge if such 

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

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

14 judge in regular active service. 

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

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

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

18 immigration judges shall be required to satisfy continuing 

19 education requirements, as determined by the administra20 tive council. 

21 ‘‘(e) SALARIES.— 

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

23 immigration appeals judge shall serve on a full-time 

24 basis and shall receive as compensation for such 

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


pamtmann on DSKBC07HB2PROD with BILLS
16 

•HR 6577 IH

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

2 as determined pursuant to section 135 of title 28, 

3 United States Code. 

4 ‘‘(2) IMMIGRATION TRIAL JUDGES.—Each im5 migration trial judge shall serve on a full-time basis 

6 and shall receive as compensation for such services, 

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

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

9 States as determined pursuant to section 135 of title 

10 28, United States Code. 

11 ‘‘(3) PROHIBITION ON THE PRACTICE OF

12 LAW.—No immigration judge may engage in the 

13 practice of law or any other practice, business, occu14 pation, or employment that is inconsistent with the 

15 expeditious, proper, and impartial performance of 

16 such judge’s duties. 

17 ‘‘(f) REMOVAL.— 

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

19 be removed from office only on grounds of inca20 pacity, misconduct, neglect of duty, or having en21 gaged in the practice of law, and in accordance with 

22 the following: 

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

24 removed from office by the President. 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•HR 6577 IH

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

2 removed from office by the appellate division. 

3 ‘‘(C) No immigration judge may be re4 moved from office unless such judge is provided 

5 with notice of the allegations forming the basis 

6 for removal and an opportunity to appear in 

7 person at a hearing to rebut such allegations. 

8 ‘‘(2) COMPLAINTS.— 

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

10 shall promulgate rules, consistent with chapter 

11 16 of title 28, United States Code, for receiv12 ing, investigating, and resolving complaints re13 garding the conduct of immigration judges. In 

14 investigating and acting upon any such com15 plaint, the appellate division shall have the pow16 ers granted to a judicial council under such 

17 chapter. 

18 ‘‘(B) JUDICIAL CONFERENCE.—The provi19 sions of sections 354(b) through 360 of title 28, 

20 United States Code, regarding referral or cer21 tification to, and petition for review in the Judi22 cial Conference of the United States, and action 

23 thereon, shall apply to the exercise of the pow24 ers of a judicial council by the appellate divi25 sion. The grounds for removal specified in paraVerDate Sep 11 2014 17:35 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6577.IH H6577

pamtmann on DSKBC07HB2PROD with BILLS
18 

•HR 6577 IH

1 graph (1) shall provide the basis for a deter2 mination to refer a complaint to the Judicial 

3 Conference, for further action by the Con4 ference, and for certification and transmittal by 

5 the Conference of any complaint to the Presi6 dent. 

7 ‘‘(g) RETIREMENT.— 

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

9 attaining the age of 70. 

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

11 and service requirements set forth in the following 

12 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. 

13 ‘‘(3) Any immigration judge who is not re14 appointed following the expiration of the term of his 

15 office may retire upon the completion of such term, 

16 if— 

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

18 judge for 15 years or more; and 

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

20 the date of the expiration of the term of his ofVerDate Sep 11 2014 17:35 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6577.IH H6577

pamtmann on DSKBC07HB2PROD with BILLS
19 

•HR 6577 IH

1 fice and not later than 6 months preceding such 

2 date, he advised the President or the appellate 

3 division, as appropriate, in writing that he was 

4 willing to accept reappointment as an immigra5 tion judge. 

6 ‘‘(4) Any immigration judge who becomes per7 manently disabled from performing his duties shall 

8 retire. 

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

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

11 subsection (g) and elects under subsection (i) to re12 ceive retired pay under this subsection shall receive 

13 retired pay during any period at a rate which bears 

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

15 an immigration judge during such period as the 

16 number of years he has served as immigration judge 

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

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

19 such period; or 

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

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

22 pay under this subsection shall receive retired pay 

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

24 of the salary payable to an immigration judge during 

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


pamtmann on DSKBC07HB2PROD with BILLS
20 

•HR 6577 IH

1 immigration judge not less than 10 years; or (B) 

2 one-half of the rate of the salary payable to an im3 migration judge during such period if before he re4 tired he had served as an immigration judge less 

5 than 10 years. 

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

7 the day on which his salary as immigration judge ceases 

8 to accrue, and shall continue to accrue during the remain9 der of his life. Retired pay under this subsection shall be 

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

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

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

13 is entitled thereto, that portion of the aggregate number 

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

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

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

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

18 pay under paragraph (1) of this subsection for any indi19 vidual who is entitled thereto, any period during which 

20 such individual performs services under subsection (c) on 

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

22 during which he has served as an immigration judge. 

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

24 immigration judge may elect to receive retired pay under 

25 subsection (h). Such an election— 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•HR 6577 IH

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

2 immigration judge (except that in the case of an in3 dividual who fails to be reappointed as immigration 

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

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

6 on which his successor takes office); 

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

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

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

10 thereof in writing with the chief judge; and 

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

12 made by filing notice thereof in writing with the Of13 fice of Personnel Management. 

14 The chief judge shall transmit to the Office of Personnel 

15 Management a copy of each notice filed with him under 

16 this subsection. 

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

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

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

20 ‘‘(1) 1-YEAR FORFEITURE FOR FAILURE TO

21 PERFORM JUDICIAL DUTIES.—If such individual 

22 during any calendar year fails to perform judicial 

23 duties required of him by section 603, such indi24 vidual shall forfeit all rights to retired pay under 

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


pamtmann on DSKBC07HB2PROD with BILLS
22 

•HR 6577 IH

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

2 duties. 

3 ‘‘(2) SUSPENSION OF RETIRED PAY DURING PE4 RIOD OF COMPENSATED GOVERNMENT SERVICE.—If 

5 such individual accepts compensation for civil office 

6 or employment under the Government of the United 

7 States (other than the performance of judicial duties 

8 pursuant to section 603), such individual shall for9 feit all rights to retired pay under subsection (h) for 

10 the period for which such compensation is received. 

11 ‘‘(3) FORFEITURES OF RETIRED PAY UNDER

12 PARAGRAPH (1) NOT TO APPLY WHERE INDIVIDUAL

13 ELECTS TO FREEZE AMOUNT OF RETIRED PAY.— 

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

15 makes an election under this paragraph— 

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

17 shall not apply to such individual begin18 ning on the date such election takes effect, 

19 and 

20 ‘‘(ii) the retired pay under subsection 

21 (h) payable to such individual for periods 

22 beginning on or after the date such elec23 tion takes effect shall be equal to the re24 tired pay to which such individual would be 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•HR 6577 IH

1 entitled without regard to this clause at 

2 the time of such election. 

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

4 paragraph— 

5 ‘‘(i) may be made by an individual 

6 only if such individual meets the age and 

7 service requirements for retirement under 

8 paragraph (2) of subsection (g), 

9 ‘‘(ii) may be made only during the pe10 riod during which the individual may make 

11 an election to receive retired pay or while 

12 the individual is receiving retired pay, and 

13 ‘‘(iii) shall be made in the same man14 ner as the election to receive retired pay. 

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

16 irrevocable. 

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

18 Any election under this paragraph shall take ef19 fect on the first day of the first month following 

20 the month in which the election is made. 

21 ‘‘(k) COORDINATION WITH CIVIL SERVICE RETIRE22 MENT.— 

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

24 provided in this subsection, the provisions of the civil 

25 service retirement laws (including the provisions reVerDate Sep 11 2014 17:35 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H6577.IH H6577

pamtmann on DSKBC07HB2PROD with BILLS
24 

•HR 6577 IH

1 lating to the deduction and withholding of amounts 

2 from basic pay, salary, and compensation) shall 

3 apply in respect of service as an immigration judge 

4 (together with other service as an officer or em5 ployee to whom such civil service retirement laws 

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

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

8 the case of any individual who has filed an election 

9 to receive retired pay under subsection (h)— 

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

11 payable to any person under the civil service re12 tirement laws with respect to any service per13 formed by such individual (whether performed 

14 before or after such election is filed and wheth15 er performed as immigration judge or other16 wise); 

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

18 Service Retirement and Disability Fund shall be 

19 made from retired pay payable to him under 

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

21 compensation payable to him, for any period be22 ginning after the day on which such election is 

23 filed; and 

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

25 lump-sum credit computed under section 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•HR 6577 IH

1 8331(8) of title 5 of the United States Code 

2 upon making application therefor with the Of3 fice of Personnel Management. 

4 ‘‘(l) RETIREMENT FOR DISABILITY.— 

5 ‘‘(1) Any immigration judge who becomes per6 manently disabled from performing his duties shall 

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

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

9 retires for disability, his retirement shall not take ef10 fect until concurred in by the President. 

11 ‘‘(2) Whenever any immigration judge who be12 comes permanently disabled from performing his du13 ties does not retire or the appellate division, as ap14 plicable, and the President finds that such immigra15 tion judge is unable to discharge efficiently all the 

16 duties of his office by reason of permanent mental 

17 or physical disability and that the appointment of an 

18 additional immigration judge is necessary for the ef19 ficient dispatch of business, the President or the ap20 pellate division, as applicable, shall declare such im21 migration judge to be retired. 

22 ‘‘(m) REVOCATION OF ELECTION TO RECEIVE RE23 TIRED PAY.— 

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

25 (e)(2), an individual who has filed an election to reVerDate Sep 11 2014 17:35 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H6577.IH H6577

pamtmann on DSKBC07HB2PROD with BILLS
26 

•HR 6577 IH

1 ceive retired pay under subsection (h) may revoke 

2 such election at any time before the first day on 

3 which retired pay (or compensation under section 

4 603 in lieu of retired pay) would (but for such rev5 ocation) begin to accrue with respect to such indi6 vidual. 

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

8 under this subsection shall be made by filing a no9 tice thereof in writing with the Civil Service Com10 mission. The Civil Service Commission shall trans11 mit to the chief judge a copy of each notice filed 

12 under this subsection. 

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

14 any revocation under this subsection— 

15 ‘‘(A) for purposes of this section, the indi16 vidual shall be treated as not having filed an 

17 election to receive retired pay under subsection 

18 (h), 

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

20 service as an immigration judge unless with re21 spect to such service either there has been de22 ducted and withheld the amount required by 

23 the civil service retirement laws or there has 

24 been deposited in the Civil Service Retirement 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•HR 6577 IH

1 and Disability Fund an amount equal to the 

2 amount so required, with interest, 

3 ‘‘(C) the Immigration Courts shall deposit 

4 in the Civil Service Retirement and Disability 

5 Fund an amount equal to the additional 

6 amount it would have contributed to such Fund 

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

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

9 service on the Immigration Courts shall be 

10 treated as service with respect to which deduc11 tions and contributions had been made during 

12 the period of service. 

13 ‘‘(n) THRIFT SAVINGS PLAN.— 

14 ‘‘(1) ELECTION TO CONTRIBUTE.— 

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

16 may elect to contribute to the Thrift Savings 

17 Fund established by section 8437 of title 5, 

18 United States Code. 

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

20 may be made under this paragraph only during 

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

22 5, United States Code, for individuals subject to 

23 chapter 84 of such title. 

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

25 Except as otherwise provided in this subsection, the 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•HR 6577 IH

1 provisions of subchapters III and VII of chapter 84 

2 of title 5, United States Code, shall apply with re3 spect to an immigration judge who makes an elec4 tion under paragraph (1). 

5 ‘‘(3) SPECIAL RULES.— 

6 ‘‘(A) AMOUNT CONTRIBUTED.—The 

7 amount contributed by an immigration judge to 

8 the Thrift Savings Fund in any pay period shall 

9 not exceed the maximum percentage of such im10 migration judge’s basic pay for such period as 

11 allowable under section 8440f of title 5, United 

12 States Code. Basic pay does not include any re13 tired pay paid pursuant to this section. 

14 ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF

15 IMMIGRATION JUDGE.—No contributions may 

16 be made for the benefit of an immigration judge 

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

18 Code. 

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

20 OF TITLE 5 WHETHER OR NOT IMMIGRATION

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

22 United States Code, applies with respect to an 

23 immigration judge who makes an election under 

24 paragraph (1) and who either— 

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


pamtmann on DSKBC07HB2PROD with BILLS
29 

•HR 6577 IH

1 ‘‘(ii) ceases to serve as an immigra2 tion judge but does not retire under sub3 section (g). 

4 Retirement under subsection (b) is a separation 

5 from service for purposes of subchapters III 

6 and VII of chapter 84 of that title. 

7 ‘‘(D) APPLICABILITY OF SECTION

8 8351(b)(5) OF TITLE 5.—The provisions of sec9 tion 8351(b)(5) of title 5, United States Code, 

10 shall apply with respect to an immigration 

11 judge who makes an election under paragraph 

12 (1). 

13 ‘‘(E) EXCEPTION.—Notwithstanding sub14 paragraph (C), if any immigration judge retires 

15 under this section, or resigns without having 

16 met the age and service requirements set forth 

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

18 judge’s nonforfeitable account balance is less 

19 than an amount that the Executive Director of 

20 the Federal Retirement Thrift Investment 

21 Board prescribes by regulation, the Executive 

22 Director shall pay the nonforfeitable account 

23 balance to the participant in a single payment. 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•HR 6577 IH

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

2 FACILITIES. 

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

4 administrative council determines, based on specific and 

5 credible facts, that the current resources of the Immigra6 tion Courts are insufficient for the expeditious and effec7 tive administration of justice, the appellate division may 

8 exercise 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 

19 judge may be recalled for service if the judge pro20 vides to the clerk of the Immigration Courts written 

21 notice that the judge is willing to be recalled for 

22 service in accordance with the terms of this sub23 section. 

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

25 immigration judge who is recalled to serve as an im26 migration appeals judge or immigration trial judge 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•HR 6577 IH

1 may exercise all of the judicial powers and duties of 

2 such judges in regular active service, except as spe3 cifically provided in this subtitle. Such judge shall 

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

5 (c)(2). 

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

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

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

9 at the time of the judge’s retirement, less the 

10 amount of the judge’s retirement annuity. 

11 ‘‘(4) EFFECT ON CIVIL SERVICE RETIRE12 MENT.—Except as provided in subsection (d), an im13 migration judge who is recalled for service who re14 tired under chapter 83 or 84 of title 5, United 

15 States Code, shall be considered to be a reemployed 

16 annuitant under that chapter. Nothing in this sub17 section affects the right of an immigration judge 

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

19 States Code, to serve as a reemployed annuitant in 

20 accordance with the provisions of title 5, United 

21 States Code. 

22 ‘‘(c) REPORTING REQUIREMENTS.— 

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

24 authority described in subsection (a), the appellate 

25 division shall transmit a report to the Committee on 


pamtmann on DSKBC07HB2PROD with BILLS
32 

•HR 6577 IH

1 the Judiciary of the House of Representatives and 

2 the Committee on the Judiciary of the Senate detail3 ing— 

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

5 to the determination that additional court re6 sources are required; 

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

8 temporary immigration judges or court facilities 

9 that are required; and 

10 ‘‘(C) an estimate as to how long the appel11 late division expects the immigration judges or 

12 court facilities described in subsection (a) to re13 main in place. 

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

15 30 days after exercising the authority under sub16 section (a) and every 30 days thereafter, the appel17 late division shall report to the Committees named 

18 in paragraph (1) on the current status of the Immi19 gration Courts and the continuing need for the tem20 porary immigration judges or court facilities. 

21 ‘‘(3) REDUCTION IN RESOURCES AND TERMI22 NATION.— 

23 ‘‘(A) GRADUAL REDUCTION IN RE24 SOURCES.—The appellate division shall, exer25 cising its authority en banc in accordance with 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•HR 6577 IH

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

2 individual temporary immigration judges and 

3 close individual temporary court facilities as the 

4 appellate division, in consultation with the ad5 ministrative council, determines they are no 

6 longer required. For purposes of this subpara7 graph, section 602(g) does not apply. 

8 ‘‘(B) TERMINATION.—All temporary immi9 gration judge appointments shall be rescinded 

10 and all temporary court facilities closed upon 

11 the earliest of— 

12 ‘‘(i) the date that the appellate divi13 sion determines, in consultation with the 

14 administrative council, that regular court 

15 resources are sufficient to resume normal 

16 court operations; 

17 ‘‘(ii) the date that Congress directs 

18 that such actions be taken by concurrent 

19 resolution; or 

20 ‘‘(iii) 210 days after the appellate di21 vision submits its initial report under para22 graph (1)(A), unless Congress extends 

23 such 210-day period by law. 

24 ‘‘SEC. 604. JURISDICTION. 

25 ‘‘(a) APPELLATE DIVISION JURISDICTION.— 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•HR 6577 IH

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

2 the Immigration Courts shall have jurisdiction 

3 over— 

4 ‘‘(A) appeals of immigration trial judge de5 cisions, as described in section 625(c); 

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

7 of Homeland Security on petitions filed under 

8 section 204 to classify an alien described in sec9 tion 201(b)(2)(A)(i) or 203(a); and 

10 ‘‘(C) original proceedings and appeals in 

11 disciplinary matters concerning attorneys and 

12 practitioners before the Immigration Courts. 

13 ‘‘(2) SAVINGS CLAUSE.—In addition to the mat14 ters described in paragraph (1), the appellate divi15 sion shall have jurisdiction to hear and decide all 

16 other matters over which the Board of Immigration 

17 Appeals had authority on the day before the effective 

18 date of this Act. 

19 ‘‘(b) TRIAL DIVISION JURISDICTION.— 

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

21 Immigration Courts shall have jurisdiction over— 

22 ‘‘(A) removal proceedings as described in 

23 sections 238 and 240; 

24 ‘‘(B) review of rescissions of lawful perma25 nent residence under section 246; 


pamtmann on DSKBC07HB2PROD with BILLS
35 

•HR 6577 IH

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 cus16 tody of the Department of Homeland Security; 

17 ‘‘(F) determinations as to whether admin18 istrative actions arising from applications or pe19 titions filed by or on behalf of the alien and 

20 that are pending during the course of the 

21 alien’s removal proceedings under section 240 

22 have been unlawfully withheld or unreasonably 

23 delayed; and 


pamtmann on DSKBC07HB2PROD with BILLS
36 

•HR 6577 IH

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 author8 ity on the day before the effective date of this Act. 

9 ‘‘Subtitle B—Procedure and 

10 Appellate Review 

11 ‘‘SEC. 621. PROCEEDINGS. 

12 ‘‘(a) APPELLATE DIVISION PROCEEDINGS.— 

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

14 established by the appellate division, proceedings be15 fore the appellate division shall be heard and decided 

16 by immigration appeals judges sitting in panels of 

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

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

19 be reconsidered by the court sitting en banc. 

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

21 The chief judge of the Immigration Courts shall 

22 have precedence and preside at any session of the 

23 appellate division that such judge attends. Other im24 migration appeals judges shall have precedence and 

25 preside in the appellate division according to the seVerDate Sep 11 2014 17:35 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H6577.IH H6577

pamtmann on DSKBC07HB2PROD with BILLS
37 

•HR 6577 IH

1 niority of their original commissions and, for judges 

2 whose commissions bear the same date, according to 

3 seniority in age. 

4 ‘‘(b) TRIAL DIVISION PROCEEDINGS.— 

5 ‘‘(1) IN GENERAL.—Except as provided in sec6 tion 604(a), all proceedings before the Immigration 

7 Courts shall originate in the trial division. Pro8 ceedings before the trial division shall be heard and 

9 decided by a single immigration trial judge, with 

10 matters assigned to such judges in a manner deter11 mined by the appellate division. 

12 ‘‘(2) AUTHORITY OF TRIAL DIVISION.—In pre13 siding over matters before the trial division, immi14 gration trial judges may— 

15 ‘‘(A) record and receive evidence, admin16 ister oaths, examine and cross-examine wit17 nesses, set deadlines, and render findings of 

18 fact and conclusions of law; 

19 ‘‘(B) render decisions on respondents’ 

20 prima facie and discretionary eligibility for re21 lief from removal; and 

22 ‘‘(C) order and take depositions, issue sub23 poenas requiring the attendance and testimony 

24 of witnesses and the production of documents 


pamtmann on DSKBC07HB2PROD with BILLS
38 

•HR 6577 IH

1 or other evidence, and order responses to writ2 ten interrogatories. 

3 ‘‘(c) CONTEMPT AUTHORITY.— 

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

5 have the authority, to sanction by civil money pen6 alty, any individual whose action or inaction ob7 structs the administration of justice or is otherwise 

8 in contempt of the lawful authority of such judge or 

9 the Immigration Courts. 

10 ‘‘(2) NOTICE.—No individual may be sanc11 tioned for contempt under paragraph (1) without 

12 first receiving notice of the charges and an oppor13 tunity to rebut such charges. 

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

15 Courts shall have such assistance in carrying out its lawful 

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

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

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

19 451 of title 28, United States Code. The United States 

20 marshal for a district in which the immigration trial judge 

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

22 any court proceeding in that district, and may otherwise 

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

24 immigration trial court, for the security of the immigra25 tion trial court, including the personal protection of 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•HR 6577 IH

1 judges, court officers, witnesses, and other threatened per2 sons in the interests of justice, where criminal intimidation 

3 impedes on the functioning of the judicial process or any 

4 other official proceeding. The United States Marshals 

5 Service retains final authority regarding security require6 ments for the Immigration Courts. 

7 ‘‘(e) OPINIONS AND ORDERS.— 

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

9 be issued in accordance with rules promulgated by 

10 the appellate division, except that decisions on the 

11 merits of an application or request for relief from re12 moval rendered by the trial division or the appellate 

13 division shall, to the greatest extent practicable, be 

14 issued in the form of a written opinion and shall in15 clude an analysis of the facts of the case and the 

16 legal reasoning for the decision. 

17 ‘‘(2) PRECEDENTS.—Unless subsequently modi18 fied or reversed by the appellate division, the court 

19 of appeals for the respective judicial circuit, or the 

20 Supreme Court, precedent decisions of the appellate 

21 division shall be binding on all immigration judges 

22 and all officers and employees of executive agencies 

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

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


pamtmann on DSKBC07HB2PROD with BILLS
40 

•HR 6577 IH

1 Act and other laws relating to the immigration and 

2 naturalization of aliens. 

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

4 United States Code, shall apply to all immigration judges 

5 and proceedings of the Immigration Courts. 

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

7 PROCEDURE. 

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

9 the appellate division shall promulgate rules of practice 

10 and procedure before the trial division and the appellate 

11 division, including— 

12 ‘‘(1) rules governing the representation of par13 ties, which shall— 

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

15 attorneys to practice before the Immigration 

16 Courts and, as appropriate, for the admission of 

17 qualified non-attorney representatives; 

18 ‘‘(B) prescribe standards of practice and 

19 professional conduct, which shall apply to all at20 torneys and practitioners that appear before the 

21 Immigration Courts; and 

22 ‘‘(C) provide for disciplinary proceedings 

23 before the Immigration Courts for attorneys 

24 and practitioners who do not comply with the 

25 standards described in subparagraph (B); 


pamtmann on DSKBC07HB2PROD with BILLS
41 

•HR 6577 IH

1 ‘‘(2) rules governing the exercise of the appel2 late division’s en banc authority over adjudicative 

3 matters, including decisions of an appellate division 

4 panel; 

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

6 that are appropriate for review by a single appellate 

7 judge; 

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

9 the issuance of opinions and written orders, and 

10 precedent decisions; 

11 ‘‘(5) rules governing the use of video teleconfer12 encing technology or other similar technologies, 

13 which shall be prohibited in proceedings where the 

14 alien’s eligibility for relief from removal is being 

15 evaluated, unless the alien consents to its use; 

16 ‘‘(6) procedures, consistent with section 

17 602(f)(2) for receiving, investigating, and resolving 

18 complaints regarding the conduct of immigration 

19 judges; and 

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

21 to the appellate division as described in this title. 

22 ‘‘(b) LOCAL RULES.—Each chief trial judge may es23 tablish local rules of practice and procedure, provided 

24 that— 


pamtmann on DSKBC07HB2PROD with BILLS
42 

•HR 6577 IH

1 ‘‘(1) such rules are consistent with the provi2 sions of this title; 

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

4 the immigration trial court of that chief judge con5 cur to the local rules; and 

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

7 ‘‘(c) IMMIGRATION COURT FEES.— 

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

9 prescribe rules which provide for the collection of 

10 reasonable filing fees and other fees, as appropriate. 

11 Each such fee may not exceed the fee charged and 

12 collected for the same or a substantially similar pur13 pose by the Federal district courts or the Depart14 ment of Homeland Security. 

15 ‘‘(2) WAIVER.—Rules promulgated by the ap16 pellate division shall include procedures under which 

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

18 hardship. 

19 ‘‘(d) PUBLICATION OF RULES AND FEES.—The ad20 ministrative division shall maintain a public website that 

21 contains or consolidates current information on all rules 

22 and fees of the Immigration Courts, including all local 

23 rules established under this subsection. 


pamtmann on DSKBC07HB2PROD with BILLS
43 

•HR 6577 IH

1 ‘‘SEC. 623. REPRESENTATION OF PARTIES AND OTHER AS2 SISTANCE. 

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

4 the Immigration Courts, the person or party concerned 

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

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

7 before the Immigration Courts, of their own choosing. 

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

9 establish a program to ensure the use of qualified inter10 preters in proceedings before the Immigration Courts. 

11 ‘‘(c) LEGAL ORIENTATION PROGRAM.—The Immi12 gration Courts shall maintain, through agreements with 

13 legal services and other nonprofit organizations, a legal 

14 orientation program that explains the Court’s procedures 

15 and provides basic legal information to individuals who are 

16 or may become parties to proceedings before the Immigra17 tion Courts. 

18 ‘‘SEC. 624. AVAILABILITY OF INFORMATION. 

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

20 Precedent decisions of the appellate division shall be pub21 lished in such form and manner as may be best adapted 

22 for public information and use. 

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

24 AND RECORDS.— 

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

26 all non-precedent decisions of the Immigration 


pamtmann on DSKBC07HB2PROD with BILLS
44 

•HR 6577 IH

1 Courts and all briefs, motions, documents, and ex2 hibits received by such court (including hearing 

3 transcripts) shall be made available to the public. 

4 ‘‘(2) CONFIDENTIAL INFORMATION.—The Im5 migration Courts shall preserve the confidentiality of 

6 information relating to matters involving national se7 curity, asylum and other forms of protection, and 

8 claims under the Violence Against Women Act (Pub9 lic Law 103–322, title IV, 108 Stat. 1902), as 

10 amended, or any other applicable law. The Immigra11 tion Courts may make any provision necessary to 

12 prevent the disclosure of confidential information in 

13 its proceedings and records, including requiring that 

14 such information be placed under seal to be opened 

15 only as directed by the Immigration Courts. 

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

17 ‘‘(a) IN GENERAL.—In any proceeding before the Im18 migration Courts, the immigration judge shall— 

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

20 and questions of law; and 

21 ‘‘(2) compel administrative action on an appli22 cation or petition filed by or on behalf of the alien 

23 that is unlawfully withheld or unreasonably delayed. 

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

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


pamtmann on DSKBC07HB2PROD with BILLS
45 

•HR 6577 IH

1 evidence produced at the hearing and shall set forth the 

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

3 determinations, and conclusions of law. Immigration trial 

4 judges may take judicial notice of commonly known facts. 

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

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

7 from an immigration trial judge decision, the appel8 late division shall limit its review to the scope of 

9 issues raised on appeal and shall conduct its review 

10 of the decision based on the record of proceedings of 

11 the trial division. 

12 ‘‘(2) FACT FINDING.—Aside from taking judi13 cial notice of commonly known facts, the appellate 

14 division shall not engage in fact finding in consid15 ering an appeal of an immigration trial judge deci16 sion, and shall defer to the factual findings of the 

17 immigration trial judge unless such findings are 

18 challenged and determined to be clearly erroneous. 

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

20 APPEALS.—A decision of the appellate division may be re21 viewed by the United States court of appeals for the judi22 cial circuit wherein venue lies, in accordance with section 

23 242, as applicable.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
46 

•HR 6577 IH

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 

24 with those for employees holding comparable positions in 

25 the judicial branch. 


pamtmann on DSKBC07HB2PROD with BILLS
47 

•HR 6577 IH

1 (e) PREFERENCE ELIGIBLES.—In making appoint2 ments under subsections (a) through (c), preference shall 

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

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

5 title 5, United States Code). 

6 (f) EXPERTS AND CONSULTANTS.—The Immigration 

7 Courts may procure the services of experts and consult8 ants as provided under section 3109 of title 5, United 

9 States Code. 

10 SEC. 4. BUDGET AND EXPENDITURES. 

11 (a) COURT BUDGET.—For each fiscal year, the budg12 et of the Immigration Courts shall be established by the 

13 Immigration Courts, without review or modification by the 

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

15 the President as submitted. 

16 (b) PERMISSIBLE COURT EXPENDITURES.— 

17 (1) The Immigration Courts may make such ex18 penditures (including expenditures for personal serv19 ices and rent at the seat of Government and else20 where, and for law books, books of reference, and 

21 periodicals) as may be necessary to execute effi22 ciently the judicial and administrative functions vest23 ed in the Courts. 


pamtmann on DSKBC07HB2PROD with BILLS
48 

•HR 6577 IH

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 


pamtmann on DSKBC07HB2PROD with BILLS
49 

•HR 6577 IH

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. 


pamtmann on DSKBC07HB2PROD with BILLS
50 

•HR 6577 IH

1 SEC. 6. EFFECTIVE DATE; TRANSITIONAL PROVISIONS. 

2 (a) EFFECTIVE DATE.—The provisions of and 

3 amendments made by this Act shall take effect on the first 

4 day of the first full fiscal year after the date of the enact5 ment of this Act, provided that such date is not less than 

6 180 days after the date of the enactment of this Act in 

7 which case the provisions of and amendments made by this 

8 Act shall take effect on the first day of the second full 

9 fiscal year after the date of the enactment of this Act. 

10 (b) TRANSITION PERIOD AND APPOINTMENT OF IN11 TERIM IMMIGRATION JUDGES.— 

12 (1) TRANSITION PERIOD.—The transition pe13 riod described in this section shall be the 4-year pe14 riod beginning on the effective date of this Act. 

15 (2) INTERIM IMMIGRATION JUDGES.— 

16 (A) IN GENERAL.—The President shall 

17 designate interim immigration judges to serve 

18 in the appellate division and trial division dur19 ing the transition period. Such judges shall 

20 have the authority to exercise all powers of an 

21 immigration judge as provided in title VI of the 

22 Immigration and Nationality Act (8 U.S.C. 601 

23 et seq.). 

24 (B) APPELLATE DIVISION.—Each indi25 vidual serving as a Board member on the Board 

26 of Immigration Appeals of the Executive Office 


pamtmann on DSKBC07HB2PROD with BILLS
51 

•HR 6577 IH

1 for Immigration Review on the date that is the 

2 day before the effective date of this Act shall be 

3 eligible for designation as an interim immigra4 tion appeals judge. If there are more than 21 

5 members of the Board of Immigration Appeals 

6 on the day before the effective date of this Act, 

7 the 21 members most senior in commission 

8 shall be eligible for designation. 

9 (C) TRIAL DIVISION.—Each individual 

10 serving as an immigration judge in the Execu11 tive Office for Immigration Review on the date 

12 that is the day before the effective date of this 

13 Act shall be eligible for designation as an in14 terim immigration trial judge. In making such 

15 appointments, such individuals shall be given 

16 priority consideration, and the President may 

17 appoint such other interim immigration trial 

18 judges as appropriate. 

19 (D) TERM OF SERVICE.—An interim immi20 gration judge may serve until the transition pe21 riod has ended and a successor is appointed, or 

22 for a period not to exceed 5 years, whichever is 

23 shorter. 

24 (c) FIRST APPOINTMENTS TO THE UNITED STATES

25 IMMIGRATION COURTS.— 


pamtmann on DSKBC07HB2PROD with BILLS
52 

•HR 6577 IH

1 (1) APPELLATE DIVISION.— 

2 (A) IN GENERAL.—Notwithstanding sec3 tion 601(b)(2)(B) of the Immigration and Na4 tionality Act as added by this Act, the first 21 

5 immigration appeals judges appointed after the 

6 transition period shall, as determined by the 

7 President, serve for the following terms: 

8 (i) 7 immigration appeals judges shall 

9 each serve for a term of 5 years. 

10 (ii) 7 immigration appeals judges shall 

11 each serve for a period of 10 years. 

12 (iii) 7 immigration appeals judges 

13 shall each serve for a period of 15 years. 

14 (B) SUCCESSION.—Each immigration ap15 peals judge described in subparagraph (A) may 

16 continue to serve after the expiration of the 

17 designated term if such judge is reappointed in 

18 accordance with section 601(b)(2)(B) of the Im19 migration and Nationality Act as added by this 

20 Act. 

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

22 before the transition period has ended, the appellate 

23 division shall establish procedures and requirements 

24 related to the appointment of immigration trial 

25 judges. 


pamtmann on DSKBC07HB2PROD with BILLS
53 

•HR 6577 IH

1 (3) CLARIFICATION.—Notwithstanding para2 graphs (1) and (2) and section 601 of the Immigra3 tion and Nationality Act, as added by this Act, any 

4 individual appointed to fill an immigration judge va5 cancy during the transition period described in sub6 section (b)(1) shall serve only until the transition pe7 riod has ended and until a successor is appointed in 

8 accordance with section 602 of the Immigration and 

9 Nationality Act, but not more than 1 year after the 

10 end of the transition period. 

11 SEC. 7. INSTITUTIONAL TRANSFER; CONTINUITY OF PRO12 CEEDINGS. 

13 (a) EXISTING PRECEDENT.— 

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

15 Attorney General or the Board of Immigration Ap16 peals under title II of the Immigration and Nation17 ality Act (8 U.S.C. 1151 et seq.) that were issued 

18 before the effective date of this Act shall continue to 

19 serve as precedent in proceedings before the Immi20 gration Courts unless explicitly overruled by such 

21 court. 

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

23 consistent with this Act, the rules of the Attorney 

24 General that were in effect before the effective date 


pamtmann on DSKBC07HB2PROD with BILLS
54 

•HR 6577 IH

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

2 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 effective date of 

10 this Act are transferred to the Immigration 

11 Courts on the effective 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 


pamtmann on DSKBC07HB2PROD with BILLS
55 

•HR 6577 IH

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 effective 

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 


pamtmann on DSKBC07HB2PROD with BILLS
56 

•HR 6577 IH

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 effec4 tive 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 effective date of this 

10 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. 


pamtmann on DSKBC07HB2PROD with BILLS
57 

•HR 6577 IH

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 

7 immigration appeals judge or immigration trial 

8 judge appointed to serve in the United States Immi9 gration Courts established 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 

22 of law, in the case of any alien convicted of an 

23 aggravated felony, removal proceedings, and 

24 any administrative appeals thereof, shall be 

25 completed, to the extent possible, before the 


pamtmann on DSKBC07HB2PROD with BILLS
58 

•HR 6577 IH

1 alien’s release from incarceration for the under2 lying aggravated felony.’’; and 

3 (B) in subparagraph (B), by striking ‘‘At4 torney General’’ and inserting ‘‘Secretary of 

5 Homeland Security’’; 

6 (5) in section 238(a)(4)(A) by striking ‘‘Attor7 ney General’’ and inserting ‘‘administrative council 

8 of the Immigration Courts’’; 

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

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

11 (7) in section 238(b)(3)— 

12 (A) by striking ‘‘Attorney General’’ and in13 serting ‘‘Secretary of Homeland Security’’; and 

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

15 ‘‘seek’’; 

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

17 (4) to read as follows— 

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

19 ‘‘(A) the alien shall— 

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

21 charges and of the opportunity described 

22 in subparagraph (C); 

23 ‘‘(ii) have the privilege of being rep24 resented (at no expense to the government) 

25 by such counsel, authorized to practice in 


pamtmann on DSKBC07HB2PROD with BILLS
59 

•HR 6577 IH

1 such proceedings, as the alien shall choose; 

2 and 

3 ‘‘(iii) have a reasonable opportunity to 

4 inspect the evidence and rebut the charges; 

5 and 

6 ‘‘(B) the immigration judge shall ensure 

7 that— 

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

9 record that the individual upon whom the 

10 notice for the proceeding under this section 

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

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

13 ‘‘(ii) a record is maintained for judi14 cial review.’’; 

15 (9) in section 238(b)(5)— 

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 (10) by redesignating the second subsection (c) 

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

22 designated subsection (d)— 

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

24 place such term appears and inserting ‘‘Sec25 retary of Homeland Security’’; 


pamtmann on DSKBC07HB2PROD with BILLS
60 

•HR 6577 IH

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)(B) 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) and 

18 renumbering subsequent paragraphs accord19 ingly; 

20 (B) by amending paragraph (1) as redesig21 nated by this paragraph to read as follows: 

22 ‘‘(1) FORM OF PROCEEDING.— 

23 ‘‘(A) IN GENERAL.—The proceeding may 

24 take place— 

25 ‘‘(i) in person; or 


pamtmann on DSKBC07HB2PROD with BILLS
61 

•HR 6577 IH

1 ‘‘(ii) subject to subparagraph (B), 

2 through video conference. 

3 ‘‘(B) CONSENT REQUIRED IN CERTAIN

4 CASES.—An evidentiary hearing on the merits 

5 may only be conducted through video teleconfer6 ence with the consent of the alien involved.’’; 

7 (C) in paragraph (2) as redesignated by 

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

9 and inserting ‘‘immigration judge’’; 

10 (D) in paragraph (3) as redesignated by 

11 this paragraph— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘, under regulations 

14 of the Attorney General’’; and 

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

16 at no expense to the government, by coun17 sel of the alien’s choosing who is author18 ized to practice in such proceedings’’ and 

19 inserting ‘‘in accordance with section 

20 623(a)’’; and 

21 (E) in paragraph (4)(A) as redesignated 

22 by this paragraph— 

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

24 ‘‘Government’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
62 

•HR 6577 IH

1 (ii) by amending the last sentence to 

2 read as follows: ‘‘Written notice shall be 

3 considered sufficient for purposes of this 

4 subparagraph if provided at the most re5 cent address provided under section 

6 239(a)(1)(F).’’; 

7 (16) in section 240(c)(2), in the matter fol8 lowing subparagraph (B), by striking ‘‘Attorney 

9 General’’ and inserting ‘‘Secretary of Homeland Se10 curity.’’; 

11 (17) in section 240(c)(3)— 

12 (A) by striking ‘‘service’’ in the heading 

13 and inserting ‘‘Government’’; and 

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

15 such term appears and inserting ‘‘Govern16 ment’’; 

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

18 (A) by striking ‘‘Attorney General’’ and in19 serting ‘‘immigration judge’’; and 

20 (B) by striking ‘‘Immigration and Natu21 ralization Service’’ and inserting ‘‘Secretary of 

22 Homeland Security’’; 

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

24 (A) by striking ‘‘Attorney General’’ and in25 serting ‘‘immigration judge’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
63 

•HR 6577 IH

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

2 inserting ‘‘immigration judge’s’’; 

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

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

5 may enter an order of removal stipulated to by the 

6 alien (or the alien’s representative) and the Govern7 ment.’’; 

8 (21) in section 242(a)(2)(A) by striking ‘‘Attor9 ney General’’ in each place such term appears and 

10 inserting ‘‘Secretary of Homeland Security’’; 

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

12 ‘‘Attorney General’’ and inserting ‘‘the appellate di13 vision of the Immigration Courts’’ each place it ap14 pears; 

15 (23) in section 242(b)(2) by inserting ‘‘trial’’ 

16 after ‘‘immigration’’; 

17 (24) in section 242(b)(3)(A)— 

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

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

20 and 

21 (B) by amending the second sentence to 

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

23 the Attorney General and on the officer or em24 ployee of the Department of Homeland Security 


pamtmann on DSKBC07HB2PROD with BILLS
64 

•HR 6577 IH

1 in charge of the district in which the final order 

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

3 (25) in section 242(b)(4)(D) by striking ‘‘Attor4 ney General’s’’ and inserting ‘‘immigration judge’s’’; 

5 (26) in section 242(b)(8) by striking ‘‘Attorney 

6 General’’ in each place such term appears and in7 serting ‘‘Secretary of Homeland Security’’; 

8 (27) in section 242(e)(2)(C) by striking ‘‘as 

9 prescribed by the Attorney General’’; 

10 (28) in section 242(e)(3)(A)(ii) by striking ‘‘At11 torney General’’ and inserting ‘‘Secretary of Home12 land Security’’; 

13 (29) in section 242(g) by striking ‘‘Attorney 

14 General’’ and inserting ‘‘Secretary of Homeland Se15 curity’’; and 

16 (30) in section 246(a)— 

17 (A) by striking ‘‘Attorney General’’ and in18 serting ‘‘Secretary of Homeland Security’’ each 

19 place it appears; and 

20 (B) by striking the second sentence, and 

21 adding: ‘‘Upon request of the individual whose 

22 status has been rescinded, the Secretary of 

23 Homeland Security shall refer such rescission to 

24 the United States Immigration Courts for re25 view in accordance with section 604(b)(1)(B).’’. 


pamtmann on DSKBC07HB2PROD with BILLS
65 

•HR 6577 IH

1 (b) CONSTRUCTION OF EXISTING REFERENCES.—To 

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

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

4 in any rule prescribed thereunder— 

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

6 immigration judge, or any administrative appeal, 

7 hearing, review, or other proceeding before such 

8 Board or judge, shall be deemed to refer, as appro9 priate, to the United States Immigration Courts es10 tablished under title VI of the Immigration and Na11 tionality Act, as added by this Act, to the appro12 priate division of the Court, or to the corresponding 

13 proceedings under this Act before such Court; and 

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

15 prescribe rules with respect to the Executive Office 

16 for Immigration Review, the Board of Immigration 

17 Appeals, immigration judges, or administrative ap18 peals, hearings, reviews, or other proceedings con19 ducted under the Immigration and Nationality Act, 

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

21 confer rulemaking authority on the appellate division 

22 of the United States Immigration Courts established 

23 in title VI of the Immigration and Nationality Act, 

24 as added by this Act. 


pamtmann on DSKBC07HB2PROD with BILLS
66 

•HR 6577 IH

1 (c) FINANCIAL DISCLOSURE REPORTING.—Section 

2 109 of the Ethics in Government Act of 1978 (5 U.S.C. 

3 App.) is amended— 

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

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

6 Appeals for Veterans Claims,’’; and 

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

8 States Immigration Courts,’’ after ‘‘Court of Ap9 peals for Veterans Claims’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS