I 

111TH CONGRESS 

1ST SESSION H. R. 314 

To increase the number of Federal judgeships in certain judicial districts 

with heavy caseloads of criminal immigration cases. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. CUELLAR introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To increase the number of Federal judgeships in certain 

judicial districts with heavy caseloads of criminal immigration cases. 

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. 

4 This Act may be cited as the ‘‘Federal Criminal Im5 migration Courts Act of 2009’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Based on the recommendations 

8 made by the 2007 Judicial Conference and the statistical 

9 data provided by the 2006 Federal Court Management 


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1 Statistics (issued by the Administrative Office of the 

2 United States Courts), the Congress finds the following: 

3 (1) Federal courts along the southwest border 

4 of the United States have a greater percentage of 

5 their criminal caseload affected by immigration cases 

6 than other Federal courts. 

7 (2) The percentage of criminal immigration 

8 cases in most southwest border district courts totals 

9 more than 49 percent of the total criminal caseloads 

10 of those districts. 

11 (3) The current number of judges authorized 

12 for those courts is inadequate to handle the current 

13 caseload. 

14 (4) Such an increase in the caseload of criminal 

15 immigration filings requires a corresponding increase 

16 in the number of Federal judgeships. 

17 (5) The 2007 Judicial Conference recommended 

18 the addition of judgeships to meet this growing bur19 den. 

20 (6) The Congress should authorize the addi21 tional district court judges necessary to carry out 

22 the 2007 recommendations of the Judicial Con23 ference for district courts in which the criminal im24 migration filings represented more than 49 percent 


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1 of all criminal filings for the 12-month period ending 

2 September 30, 2006. 

3 (b) PURPOSE.—The purpose of this Act is to increase 

4 the number of Federal judgeships, in accordance with the 

5 recommendations of the 2007 Judicial Conference, in dis6 trict courts that have an extraordinarily high criminal im7 migration caseload. 

8 SEC. 3. ADDITIONAL DISTRICT COURT JUDGESHIPS. 

9 (a) Permanent Judgeships— 

10 (1) IN GENERAL.—The President shall appoint, 

11 by and with the advice and consent of the Senate— 

12 (A) 4 additional district judges for the dis13 trict of Arizona; 

14 (B) 1 additional district judge for the dis15 trict of New Mexico; 

16 (C) 2 additional district judges for the 

17 southern district of Texas; and 

18 (D) 1 additional district judge for the 

19 western district of Texas. 

20 (2) CONFORMING AMENDMENTS.—In order that 

21 the table contained in section 133(a) of title 28, 

22 United States Code, reflect the number of additional 

23 judges authorized under paragraph (1), such table is 

24 amended— 


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1 (A) in the item relating to Arizona, by 

2 striking ‘‘12’’ and inserting ‘‘16’’; 

3 (B) in the item relating to New Mexico, by 

4 striking ‘‘6’’ and inserting ‘‘7’’; 

5 (C) in the item relating to Texas— 

6 (i) by striking ‘‘19’’ and inserting 

7 ‘‘21’’ and; 

8 (ii) by striking ‘‘13’’ and inserting 

9 ‘‘14’’. 

10 (b) TEMPORARY JUDGESHIPS.— 

11 (1) IN GENERAL.—The President shall appoint, 

12 by and with the advice and consent of the Senate— 

13 (A) 1 additional district judge for the dis14 trict of Arizona; and 

15 (B) 1 additional district judge for the dis16 trict of New Mexico. 

17 (2) VACANCY NOT FILLED.—For each of the ju18 dicial districts named in this subsection, the first va19 cancy arising on the district court 10 years or more 

20 after a judge is first confirmed to fill the temporary 

21 district judgeship created in that district by this 

22 subsection shall not be filled. 

Æ 


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