pealed by a party to such proceeding and reviewed by the 
United States court of appeals for the judicial circuit 
wherein venue lies, in accordance with section 242, as ap-
plicable. If the Government appeals a decision pursuant to 
this subsection, and the court finds that the alien party to 
such appeal is financially unable to obtain adequate rep-
resentation, representation for such alien shall be provided 
through the plan for representation on appeal that is in 
effect under section 3006A of title 18, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of contents at 
the beginning of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by adding at the end the 
following new items: 
‘‘TITLE VI—UNITED STATES IMMIGRATION COURTS 
‘‘Subtitle A—Organization and Jurisdiction 
‘‘Sec. 601. Establishment and structure. 
‘‘Sec. 602. Immigration appeals judges and trial judges. 
‘‘Sec. 603. Temporary immigration judges and court facilities. 
‘‘Sec. 604. Jurisdiction. 
‘‘Subtitle B—Procedure and Appellate Review 
‘‘Sec. 621. Proceedings. 
‘‘Sec. 622. Immigration courts rules of practice and procedure. 
‘‘Sec. 623. Representation of parties and other assistance. 
‘‘Sec. 624. Availability of information. 
‘‘Sec. 625. Scope of review and appeals.’’. 
SEC. 3. EMPLOYEES. 
(a) CLERK OF THE COURT.—The chief judge may ap-
point, and prescribe the duties for, a clerk of the court with-
out regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service. 
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(b) CHAMBERS STAFF.—Immigration judges may ap-
point law clerks and secretaries, in such numbers as the 
appellate division approves, without regard to the provi-
sions of title 5, United States Code, governing appointments 
in the competitive service. 
(c) OTHER COURT STAFF.—The clerk of the court and 
the chief administrative officer may appoint deputies and 
employees, in such numbers as the appellate division ap-
proves, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive 
service. 
(d) STAFF SALARIES.—The appellate division may fix 
and adjust the rates of basic pay for the clerk, the chief 
administrative officer, and other employees of the Immigra-
tion Courts without regard to the provisions of chapter 51, 
subchapter III of chapter 53, or section 5373 of title 5, 
United States Code. To the maximum extent feasible, such 
employees shall be compensated at rates consistent with 
those for employees holding comparable positions in the ju-
dicial branch. 
(e) PREFERENCE ELIGIBLES.—In making appoint-
ments under subsections (a) through (c), preference shall be 
given, among equally qualified persons, to persons who are 
preference eligible (as defined in section 2108(3) of title 5, 
United States Code). 
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(f) EXPERTS AND CONSULTANTS.—The Immigration 
Courts may procure the services of experts and consultants 
as provided under section 3109 of title 5, United States 
Code. 
SEC. 4. BUDGET AND EXPENDITURES. 
(a) COURT BUDGET.—For each fiscal year, the budget 
of the Immigration Courts shall be established by the Immi-
gration Courts, without review or modification by the exec-
utive branch, and shall be included in the budget of the 
President as submitted. 
(b) PERMISSIBLE COURT EXPENDITURES.— 
(1) The Immigration Courts may make such ex-
penditures (including expenditures for personal serv-
ices and rent at the seat of Government and elsewhere, 
and for law books, books of reference, and periodicals) 
as may be necessary to execute efficiently the judicial 
and administrative functions vested in the Courts. 
(2) The Immigration Courts may receive and ex-
pend funds appropriated to the Courts for purposes of 
paragraph (1) either— 
(A) directly, or 
(B) by transfer to— 
(i) the Director of the Administrative 
Office of the United States Courts, 
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(ii) another court established under ar-
ticle I of the Constitution, or 
(iii) an executive agency as defined in 
section 105 of title 5, United States Code, 
to cover the expense of such administrative support 
and guidance (including budgetary and financial, 
payroll and personnel, protective and security, record-
keeping and statistical, and information technology 
services) as the Court may request and the Director, 
court, or agency may agree to provide from time to 
time. 
(c) METHOD AND SOURCE OF EXPENDITURES.—All 
expenditures of the Immigration Courts shall be allowed 
and paid upon presentation of itemized vouchers signed by 
the certifying officer designated by the chief judge. 
SEC. 5. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than April 1 of each year, 
the chief judge shall submit to the Committee on the Judici-
ary of the House of Representatives and the Committee on 
the Judiciary of the Senate, a report summarizing the 
workload of the Immigration Courts for the preceding fiscal 
year. 
(b) CONTENTS.—The report described in subsection (a) 
shall contain— 
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(1) demographic information, including the age, 
gender, and nationality of respondents appearing be-
fore the Immigration Courts, and rates at which such 
respondents are represented by counsel; 
(2) outcomes of removal proceedings, including 
grant rates for immigration relief, disaggregated by 
geographical area and immigration trial judge; 
(3) outcomes of bond hearings, disaggregated by 
geographical area and immigration trial court; 
(4) the number of cases currently pending before 
the trial and appellate divisions of the Immigration 
Courts, and the change in such number from the prior 
fiscal year; 
(5) the average number of days for which a re-
spondent waits to have their case heard, disaggregated 
by geographical area; and 
(6) any information requested by the Committees 
named in subsection (a), provided such request is 
timely and reasonable. 
SEC. 6. APPLICATION DATE; TRANSITIONAL PROVISIONS. 
(a) APPLICATION DATE.—The Immigration Courts 
may not begin to exercise the functions of the courts under 
this Act and the amendments made by this Act until the 
date (for purposes of this Act, referred to as the ‘‘application 
date’’) that is— 
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(1)(A) the first day of the first full fiscal year 
after the date of the enactment of this Act, if such 
date is 180 days or more after the date of enactment 
of this Act; or 
(B) the first day of the second full fiscal year 
after the date of the enactment of this Act, if the first 
day of the first full fiscal year after the date of enact-
ment of this Act is less than 180 days after the date 
of enactment of this Act; and 
(2) the date on which 3 or more immigration ap-
peals judges have been duly appointed by the Presi-
dent, in accordance with procedures set forth in sec-
tion 6(c) of this Act and 601(b)(2) of the Immigration 
and Nationality Act, as added by this Act. 
(b) TRANSITION PERIOD AND APPOINTMENT OF IN-
TERIM IMMIGRATION TRIAL JUDGES.— 
(1) TRANSITION PERIOD.—The transition period 
described in this section shall be the 4-year period be-
ginning on the application date of this Act. 
(2) INTERIM IMMIGRATION TRIAL JUDGES.— 
(A) IN GENERAL.—Each individual serving 
as an immigration judge in the Executive Office 
for Immigration Review on the date that is the 
day before the application date of this Act shall 
become an interim immigration trial judge. 
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(B) AUTHORITY OF INTERIM IMMIGRATION 
TRIAL
JUDGES.—Interim immigration judges 
shall have the authority to exercise all powers of 
an immigration trial judge as provided in title 
VI of the Immigration and Nationality Act (8 
U.S.C. 601 et seq.). 
(C) TERM OF SERVICE.—An interim immi-
gration trial judge may serve until the transi-
tion period has ended and a successor is ap-
pointed, or for a period not to exceed 5 years, 
whichever is shorter. An otherwise qualified in-
terim judge may be appointed as an immigra-
tion trial judge. 
(D) CREDIT AND ELIGIBILITY FOR BENE-
FITS.—Service as an interim immigration trial 
judge shall be included in the same manner as 
service as an immigration trial judge for pur-
poses of calculating service credit, retirement eli-
gibility, and disability. 
(E) SEPARATION.—Nothing in this Act or 
the amendments made by this Act may be con-
strued to— 
(i) preclude an interim immigration 
trial judge who is not appointed for a term 
appointment by the appellate division 
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under section 601(c)(2) of the Immigration 
and Nationality Act, as added by this Act, 
from eligibility for appointment as an ad-
ministrative 
judge, 
administrative 
law 
judge, and for attorney positions in agencies 
throughout the Federal Government; or 
(ii) make an interim immigration 
judge described in clause (i) ineligible for 
early 
retirement 
pursuant 
to 
section 
8336(d)(2)(D) or 8414(b)(1)(B) of title 5, 
United States Code. 
(c) FIRST APPOINTMENTS TO THE UNITED STATES IM-
MIGRATION COURTS.— 
(1) APPELLATE DIVISION.— 
(A) IN GENERAL.—Notwithstanding section 
601(b)(2)(B) of the Immigration and Nation-
ality Act as added by this Act, the first 21 im-
migration appeals judges appointed shall serve 
for the following terms: 
(i) The terms of the first 7 immigra-
tion appeals judges appointed shall termi-
nate on the date that is 5 years after the 
date described in subsection (a). 
(ii) The terms of the next 7 immigra-
tion appeals judges appointed after the 
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judges referred to in clause (i) shall termi-
nate on the date that is 10 years after the 
date described in subsection (a). 
(iii) The terms of the next 7 immigra-
tion appeals judges appointed after the 
judges referred to in clause (ii) shall termi-
nate on the date that is 15 years after the 
date described in subsection (a). 
(B) SUCCESSION.—Each immigration ap-
peals judge described in subparagraph (A) may 
continue to serve after the expiration of the des-
ignated term if such judge is reappointed in ac-
cordance with section 601(b)(2)(B) of the Immi-
gration and Nationality Act as added by this 
Act. 
(2) TRIAL DIVISION.—Not later than 180 days 
before the transition period has ended, the appellate 
division shall establish procedures and requirements 
related to the appointment of immigration trial 
judges. 
(3) 
CLARIFICATION.—Notwithstanding 
para-
graphs (1) and (2) and section 601 of the Immigra-
tion and Nationality Act, as added by this Act, any 
individual appointed to fill an immigration trial 
judge vacancy during the transition period described 
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in subsection (b)(1) shall serve only until the transi-
tion period has ended and until a successor is ap-
pointed in accordance with section 602 of the Immi-
gration and Nationality Act, but not more than 1 
year after the end of the transition period. 
(d) PRIOR SERVICE CREDIT.— 
(1) IN GENERAL.—The period that a covered im-
migration judge who elects to receive retired pay 
under section 602 of the Immigration and Nation-
ality Act, as added by this Act, serves as a member 
of the Board of Immigration Appeals, an immigra-
tion judge, or an administrative law judge in the Ex-
ecutive Office for Immigration Review of the Depart-
ment of Justice, shall be included, up to a maximum 
of 5 years, in the service of such individual on the 
Immigration Courts for purposes of computing the 
years of service as an immigration judge. 
(2) COVERED IMMIGRATION JUDGE DEFINED.— 
In this subsection, the term ‘‘covered immigration 
judge’’ means— 
(A) an immigration appeals judge ap-
pointed under section 601(b) of the Immigration 
and Nationality Act, as added by this Act; 
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(B) an immigration trial judge appointed 
under section 601(c) of the Immigration and Na-
tionality Act, as added by this Act; or 
(C) an interim immigration trial judge 
under subsection (b)(2) of this section. 
SEC. 7. INSTITUTIONAL TRANSFER; CONTINUITY OF PRO-
CEEDINGS. 
(a) EXISTING PRECEDENT.— 
(1) IN GENERAL.—Precedential decisions by the 
Attorney General or the Board of Immigration Ap-
peals under title II of the Immigration and Nation-
ality Act (8 U.S.C. 1151 et seq.) that were issued be-
fore the application date of this Act shall continue to 
serve as precedent in proceedings before the Immigra-
tion Courts unless explicitly overruled by such court. 
(2) RULES.—To the extent that such rules are 
consistent with this Act, the rules of the Attorney 
General that were in effect before the application date 
of this Act, shall remain in effect until amended or 
revoked by the appellate division. 
(b) INSTITUTIONAL TRANSFER.— 
(1) EXECUTIVE OFFICE FOR IMMIGRATION RE-
VIEW.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), all functions under the Exec-
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utive Office for Immigration Review on the date 
that is the day before the application date of this 
Act are transferred to the Immigration Courts on 
the application date of this Act. 
(B) EXCEPTIONS.— 
(i) OCAHO.—The Office of the Chief 
Administrative Hearing Officer and the 
functions of the Executive Office for Immi-
gration Review that support such office 
shall remain under the Department of Jus-
tice. 
(ii) OTHER
FUNCTIONS.—The func-
tions of the Executive Office for Immigra-
tion Review that are not necessary or ap-
propriate for transfer to the Immigration 
Courts shall be reassigned to other agencies 
within the Department of Justice or dis-
solved at the discretion of the Attorney Gen-
eral. 
(2) TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.—Except as provided in this 
section, the personnel of the Executive Office for Im-
migration Review employed in connection with the 
functions transferred by this section, and the assets, 
liabilities, contracts, property, records, and unex-
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tion judge on the application date of this Act 
shall be transferred to the Immigration Courts to 
proceed before the trial division or the appellate 
division as appropriate. 
SEC. 8. REVIEW BY THE JUDICIAL CONFERENCE; CON-
SULTATION REQUIREMENTS. 
The Judicial Conference of the United States shall con-
duct a review of adjudications in the United States Immi-
gration Courts at least once every 4 years, as part of its 
comprehensive survey of business in the courts of the United 
States conducted pursuant to title 28, section 331. At the 
conclusion of its review, the Judicial Conference shall sub-
mit a report of its findings to the appellate division and 
the Committee on the Judiciary of the House of Representa-
tives and the Committee on the Judiciary of the Senate. 
The Committees shall cause to have such report printed in 
the Congressional Record. 
SEC. 9. TECHNICAL AND CONFORMING PROVISIONS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) is amended— 
(1) in section 101(b), by amending paragraph 
(4) to read as follows: 
‘‘(4) The term ‘immigration judge’ means an immigra-
tion appeals judge or immigration trial judge appointed 
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to serve in the United States Immigration Courts estab-
lished under title VI.’’; 
(2) in section 238(a)(1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Immigration Courts’’; and 
(B) by striking ‘‘Service’’ and inserting 
‘‘Department of Homeland Security’’; 
(3) in section 238(a)(2), by striking ‘‘Attorney 
General’’ each place such term appears and inserting 
‘‘Secretary of Homeland Security’’; 
(4) in section 238(a)(3)— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) Notwithstanding any other provision of law, in 
the case of any alien convicted of an aggravated felony, re-
moval proceedings, and any administrative appeals thereof, 
shall be completed, to the extent possible, before the alien’s 
release from incarceration for the underlying aggravated 
felony.’’; and 
(B) in subparagraph (B), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(5) in section 238(a)(4)(A) by striking ‘‘Attorney 
General’’ each place it appears and inserting ‘‘admin-
istrative council of the Immigration Courts’’; 
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(6) in section 238(b)(1) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(7) in section 238(b)(3)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) by striking ‘‘apply for’’ and inserting 
‘‘seek’’; 
(8) in section 238(b) by amending paragraph (4) 
to read as follows— 
‘‘(4) In any proceeding under this subsection— 
‘‘(A) the alien shall— 
‘‘(i) be given reasonable notice of the 
charges and of the opportunity described in 
subparagraph (C); 
‘‘(ii) have the privilege of being rep-
resented (at no expense to the government) 
by such counsel, authorized to practice in 
such proceedings, as the alien shall choose; 
and 
‘‘(iii) have a reasonable opportunity to 
inspect the evidence and rebut the charges; 
and 
‘‘(B) the immigration judge shall ensure 
that— 
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‘‘(i) a determination is made for the 
record that the individual upon whom the 
notice for the proceeding under this section 
is served (either in person or by mail) is, in 
fact, the alien named in such notice; and 
‘‘(ii) a record is maintained for judi-
cial review.’’; 
(9) in section 238(b)(5)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
(B) by striking ‘‘Attorney General’s’’ and 
inserting ‘‘immigration judge’s’’; 
(10) by redesignating the second subsection (c) of 
section 238 as subsection (d) and in the newly des-
ignated subsection (d)— 
(A) by striking ‘‘Commissioner’’ in each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
(B) by striking ‘‘Attorney General’’ in each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(C) by striking ‘‘Service’’ in paragraph 
(2)(A) and inserting ‘‘Secretary of Homeland 
Security’’; 
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(11) in section 239(a) by striking ‘‘Attorney 
General’’ in each place such term appears and insert-
ing ‘‘Immigration Courts’’; 
(12) in section 239(b)(2) by striking ‘‘Attorney 
General’’ and inserting ‘‘Immigration Courts’’; 
(13) in section 239(b)(3) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(14) in section 239(d)(1) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(15) in section 240(b)— 
(A) by striking paragraphs (1) and (6); 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; 
(C) by redesignating paragraph (7) as 
paragraph (5); 
(D) by amending paragraph (1) as redesig-
nated by this paragraph to read as follows: 
‘‘(1) FORM
OF
PROCEEDING.—The proceeding 
may take place— 
‘‘(A) in person; or 
‘‘(B) through video conference, subject to 
rules promulgated under section 622(a)(5).’’; 
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(E) in paragraph (2) as redesignated by 
this paragraph, by striking ‘‘Attorney General’’ 
and inserting ‘‘immigration judge’’; 
(F) in paragraph (3) as redesignated by 
this paragraph— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘, under regulations 
of the Attorney General’’; and 
(ii) in subparagraph (A) by striking ‘‘, 
at no expense to the Government, by counsel 
of the alien’s choosing who is authorized to 
practice in such proceedings’’ and inserting 
‘‘in accordance with section 623(a)’’; and 
(G) in paragraph (4)(A) as redesignated by 
this paragraph— 
(i) by striking ‘‘Service’’ and inserting 
‘‘Government’’; and 
(ii) by amending the last sentence to 
read as follows: ‘‘Written notice shall be 
considered sufficient for purposes of this 
subparagraph if provided at the most recent 
address 
provided 
under 
section 
239(a)(1)(F).’’; 
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(16) in section 240(c)(2), in the matter following 
subparagraph (B), by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Security’’; 
(17) in section 240(c)(3)— 
(A) by striking ‘‘SERVICE’’ in the heading 
and inserting ‘‘GOVERNMENT’’; and 
(B) by striking ‘‘Service’’ in each place such 
term appears and inserting ‘‘Government’’; 
(18) in section 240(c)(7)(C)(iv)(II)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
(B) by striking ‘‘Immigration and Natu-
ralization Service’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(19) in section 240(c)(7)(C)(iv)(III)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
(B) by striking ‘‘Attorney General’s’’ and 
inserting ‘‘immigration judge’s’’; 
(20) in section 240(d) by amending the first sen-
tence to read as follows: ‘‘An immigration judge may 
enter an order of removal stipulated to by the alien 
(or the alien’s representative) and the Government.’’; 
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(21) in section 242(a)(2)(A) by striking ‘‘Attor-
ney General’’ in each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(22) in section 242(a)(2)(B)(ii), by striking ‘‘At-
torney General’’ each place it appears and inserting 
‘‘the appellate division of the Immigration Courts’’; 
(23) in section 242(a), by adding at the end the 
following: 
‘‘(6) VENUE.—For purposes of judicial review 
under this section and section 625(d), the venue of a 
proceeding before the court of appeals is in the judi-
cial circuit in which— 
‘‘(A) an immigration trial judge of the Im-
migration Court issued the original underlying 
decision in the matter; or 
‘‘(B) the underlying administrative action 
reviewed by the appellate division of the Court 
occurred.’’; 
(24) in section 242(b)(2) by inserting ‘‘trial’’ 
after ‘‘immigration’’; 
(25) in section 242(b)(3)(A)— 
(A) by striking ‘‘Attorney General’’ in the 
first sentence and inserting ‘‘United States’’; and 
(B) by amending the second sentence to 
read as follows: ‘‘The petition shall be served on 
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scission to the United States Immigration Courts 
for 
review 
in 
accordance 
with 
section 
604(b)(1)(B).’’. 
(b) CONSTRUCTION OF EXISTING REFERENCES.—To 
the extent consistent with this Act, each reference in the Im-
migration and Nationality Act (8 U.S.C. et seq.), or in any 
rule prescribed thereunder— 
(1) to the Board of Immigration Appeals or an 
immigration judge, or any administrative appeal, 
hearing, review, or other proceeding before such Board 
or judge, shall be deemed to refer, as appropriate, to 
the United States Immigration Courts established 
under title VI of the Immigration and Nationality 
Act, as added by this Act, to the appropriate division 
of the Court, or to the corresponding proceedings 
under this Act before such Court; and 
(2) to the authority of the Attorney General to 
prescribe rules with respect to the Executive Office for 
Immigration Review, the Board of Immigration Ap-
peals, immigration judges, or administrative appeals, 
hearings, reviews, or other proceedings conducted 
under the Immigration and Nationality Act, by such 
Office, Board, or judges, shall be deemed to confer 
rulemaking authority on the appellate division of the 
United States Immigration Courts established in title 
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VI of the Immigration and Nationality Act, as added 
by this Act. 
(c) FINANCIAL DISCLOSURE REPORTING.—Section 109 
of the Ethics in Government Act of 1978 (5 U.S.C. App.) 
is amended— 
(1) in paragraph (8), by inserting ‘‘of the United 
States Immigration Courts,’’ after ‘‘Court of Appeals 
for Veterans Claims,’’; and 
(2) in paragraph (10), by inserting ‘‘United 
States Immigration Courts,’’ after ‘‘Court of Appeals 
for Veterans Claims,’’. 
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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 
the United States, a court of record to be known 
as the United States Immigration Courts. 
DECEMBER 20, 2022 
Reported from the Committee on the Judiciary with an 
amendment 
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 
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