I
106TH CONGRESS
1ST SESSION
H. R. 185
To establish the United States Immigration Court.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To establish the United States Immigration Court.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION
AND NATIONALITY ACT; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘United States Immigration Court Act of 1999’’.
(b) AMENDMENTS TO IMMIGRATION AND NATIONAL-
ITY ACT.—Whenever in this Act an amendment or repeal
is expressed as the amendment or repeal of a section or
other provision, the reference shall be considered to be
made to that section or provision in the Immigration and
Nationality Act.
(c) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act; table of
contents.
Sec. 2. Establishment of United States Immigration Court.
Sec. 3. Judicial review of Immigration Court decisions by Court of Appeals for
Federal Circuit.
Sec. 4. Conforming provisions.
Sec. 5. Effective dates and transition.
SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION
COURT.
(a) NEW CHAPTER 2.—Title I is amended—
(1) by inserting the following after the title
heading:
‘‘CHAPTER 1—DEFINITIONS AND POWERS’’ ; and
(2) by adding at the end the following new
chapter:
‘‘CHAPTER 2—UNITED STATES IMMIGRATION COURT
‘‘ESTABLISHMENT OF IMMIGRATION COURT
‘‘SEC. 111. (a) IN GENERAL.—There is established,
under article I of the Constitution of the United States,
a court of record to be known as the United States Immi-
gration Court.
‘‘(b) DIVISIONS.—The Immigration Court shall con-
sist of a trial division and an appellate division.
‘‘APPELLATE DIVISION
‘‘SEC. 
112. 
(a) 
APPOINTMENT
OF
APPEALS
JUDGES.—The appellate division of the Immigration
Court shall be composed of a chief immigration appeals
judge and 8 other immigration appeals judges, appointed
by the President by and with the advice and consent of
the Senate.
‘‘(b) TERM OF OFFICE.—The term of office of each
immigration appeals judge shall be 15 years, except that—
‘‘(1) of the judges first appointed under this
subsection, three shall each be appointed for terms
of 5, 10, and 15 years,
‘‘(2) a judge appointed to fill a vacancy occur-
ring before the expiration of the term for which a
predecessor was appointed shall be appointed only
for the remainder of such term, and
‘‘(3) a judge may serve after the expiration of
the judge’s term until reappointed or a successor has
taken office.
‘‘(c) COMPENSATION.—Each judge of the appellate
division shall receive a salary at the rate equal to 93 per-
cent of the next to the highest rate of basic pay for the
Senior Executive Service, except that the chief immigra-
tion appeals judge shall receive a salary at the rate equal
disability. Removal shall be by the United States Court
of Appeals for the Federal Circuit, but removal may not
occur unless a majority of all judges of such court of ap-
peals concur in the order of removal.
‘‘(2) Before any order of removal may be entered, a
full specification of the charges shall be furnished to the
immigration appeals judge involved, and such judge shall
be accorded an opportunity to be heard on the charges.
‘‘(3) Any cause for removal of any immigration ap-
peals judge coming to the knowledge of the Director of
the Administrative Office of the United States Courts or
to the Attorney General shall be reported by the Director
or the Attorney General to the Chief Judge of the United
States Court of Appeals for the Federal Circuit, and a
copy of the report shall at the same time be transmitted
to the immigration appeals judge.
‘‘(4) An immigration appeals judge removed from of-
fice in accordance with this subsection shall not be per-
mitted at any time to practice before the Immigration
Court.
‘‘(h) EXPENSES FOR TRAVEL AND SUBSISTENCE.—
Immigration appeals judges shall receive necessary travel-
ing expenses and expenses actually incurred for subsist-
ence while traveling on duty and away from their des-
ignated stations, subject to the same limitations in amount
as are new or may hereafter be applicable to the United
States Court of International Trade.
‘‘(i) OFFICE OF COURT.—The principal office of the
appellate division of the Immigration Court shall be in,
or within twenty miles of, the District of Columbia, but
immigration appeals judges may hold court at such times
and in such places as the appellate division may provide
by rule.
‘‘TRIAL DIVISION
‘‘SEC. 113. (a) APPOINTMENT OF TRIAL JUDGES.—
(1) The trial division of the Immigration Court shall be
composed of a chief immigration trial judge and other im-
migration trial judges, appointed by the Chief Immigra-
tion Appeals Judge.
‘‘(2) Each individual who is serving as an immigra-
tion judge as of the date of the enactment of this chapter
shall be appointed by the Chief Immigration Appeals
Judge to serve initially as an immigration trial judge pur-
suant to paragraph (1).
‘‘(b) TERM OF OFFICE.—The term of office of each
immigration trial judge shall be 15 years, except that—
‘‘(1) a judge appointed to fill a vacancy occur-
ring before the expiration of the term for which a
predecessor was appointed shall be appointed only
for the remainder of such term, and
‘‘(2) a judge may serve after the expiration of
such judge’s term until reappointed or a successor
has taken office.
‘‘(c) COMPENSATION.—
‘‘(1) IN GENERAL.—There shall be four levels
of pay for immigration trial judges, under the Immi-
gration Judge Schedule, (designated as IJ–1, 2, 3,
and 4, respectively), and each such judge shall be
paid at one of those levels, in accordance with the
provisions of this subsection.
‘‘(2) RATES OF PAY.—(A) The rates of basic
pay for the levels established under paragraph (1)
shall be as follows:
‘‘IJ–1 .............................................
70% of the next to highest rate of
basic pay for the Senior Executive
Service
‘‘IJ–2 .............................................
80% of the next to highest rate of
basic pay for the Senior Executive
Service
‘‘IJ–3 .............................................
90% of the next to highest rate of
basic pay for the Senior Executive
Service
‘‘IJ–4 .............................................
92% of the next to highest rate of
basic pay for the Senior Executive
Service.
‘‘(B) Locality pay, where applicable, shall be
calculated into the basic pay for immigration trial
judges.
‘‘(3) APPOINTMENT.—(A) Upon appointment,
an immigration trial judge shall be paid at IJ-1, and
shall be advanced to IJ-2 upon completion of 104
weeks of service, to IJ-3 upon completion of 104
weeks of service in the next lower rate, and to IJ-
4 upon completion of 52 weeks of service in the next
lower rate.
‘‘(B) Notwithstanding subparagraph (A), the
Chief Immigration Appeals Judge may provide for a
newly-appointed immigration trial judge to be paid
at an advanced rate under such circumstances as the
Chief Immigration Appeals Judge may determine
appropriate.
‘‘(4) TRANSITION.—Immigration trial judges
serving as immigration judges as of the effective
date of this chapter shall be paid at the rate that
corresponds to the amount of time, as provided
under paragraph (3)(A), that they have served as an
immigration judge, and in no case shall such an im-
migration trial judge be paid less than such judge
was paid prior to the effective date.
‘‘(d) CHIEF IMMIGRATION TRIAL JUDGE.—In ac-
cordance with rules established by the appellate division
of the Immigration Court, the chief immigration trial
judge—
‘‘(1) shall have responsibility for the adminis-
trative activities affecting immigration trial judges
and shall have the power to appoint such adminis-
trative assistants, attorneys, clerks, and other per-
sonnel as may be needed for this purpose, and
‘‘(2) may designate any immigration trial judge
in active service to hear and decide any cases de-
scribed in section 115.
‘‘(e) REMOVAL
FOR
CAUSE.—Immigration trial
judges may be removed from office in the same manner
as immigration appeals judges may be removed under sec-
tion 112(g), except that any reference in that section to
the United States Court of Appeals for the Federal Circuit
shall be deemed a reference to the appellate division of
the Immigration Court.
‘‘(f) AUTHORITY
OF JUDGES.—Immigration trial
judges shall administer oaths, receive evidence, and inter-
rogate, examine, and cross-examine the alien and any wit-
nesses. Immigration trial judges may take depositions,
issue subpoenas requiring the attendance and testimony
of witnesses and the production of documentation or other
evidence from any place in the United States or any terri-
tory or possession thereof, order the taking of depositions,
and order responses to written interrogatories.
‘‘(g) WITNESS FEES.—Witnesses (whether appearing
voluntarily or under subpoena) before the Immigration
Court shall be paid the same fee and mileage allowance
as are paid subpoenaed witnesses in any other court in
the United States.
‘‘(h) EXPENSES FOR TRAVEL AND SUBSISTENCE.—
Immigration trial judges shall receive necessary traveling
expenses, and expenses actually incurred for subsistence
while traveling on duty and away from their designated
stations, subject to the same limitations in amount as are
now or may hereafter be applicable to the United States
Court of International Trade.
‘‘JURISDICTION
‘‘SEC. 114. (a) THE APPELLATE DIVISION.—
‘‘(1) IN GENERAL.—The appellate division of
the Immigration Court shall hear and determine ap-
peals from any of the following:
‘‘(A) A final decision of an immigration
trial judge under this Act, other than a deter-
mination granting voluntary departure under
section 240B within a period of at least 30 days
if the sole ground of appeal is that a greater
period of departure time should have been
fixed.
‘‘(B) A decision involving the imposition of
administrative fines and penalties under title II
of this Act, including mitigation thereof.
‘‘(C)(i) A decision on a petition filed in ac-
cordance with section 204, other than petitions
wise modified or reversed by the Court of Appeals
for the Federal Circuit or by the United States Su-
preme Court.
‘‘(4) DECISIONS WITHIN 60 DAYS.—In a case in
which the appellate division is considering an appeal
of a decision of an immigration trial judge respect-
ing an application for asylum, the division shall
render its decision on the appeal not later than 60
days after the date the appeal is filed.
‘‘(b) JURISDICTION OF TRIAL DIVISION.—
(1) IN
GENERAL.—Immigration trial judges
shall hear and decide the following:
‘‘(A) Removal proceedings under sections
238, 240, proceedings under section 360(c),
and discretionary relief under section 240A(a).
‘‘(B) Rescission of adjustment of status
cases under section 246.
‘‘(C) Applications for asylum referred to
the Immigration Court for adjudication.
‘‘(D) The assessment of civil penalties
under section 274A.
‘‘(E) Determinations relating to bond, pa-
role, or detention of an alien under this Act.
‘‘(F) Such other cases arising under this
Act as the appellate division may provide by
regulation.
‘‘(2) DUTIES OF TRIAL JUDGES.—In consider-
ing and deciding cases coming before them, immi-
gration trial judges shall record and receive evidence
and render findings of fact and conclusions of law,
shall determine all applications for discretionary re-
lief which may properly be raised in the proceedings,
and shall exercise such discretion conferred upon the
Attorney General by law as may be necessary for the
just and equitable disposition of cases coming before
them.
‘‘RULES OF COURT
‘‘SEC. 115. (a) RULES OF PRACTICE AND PROCE-
DURE.—The appellate division shall promulgate rules of
court, consistent with this Act, governing practice and pro-
cedure in the appellate division and the trial division. Only
such selected provisions of the Federal Rules of Evidence
and the Federal Rules of Civil Procedure as the appellate
division deems appropriate for inclusion in the rules of the
Immigration Court shall apply to proceedings in the Immi-
gration Court.
‘‘(b) REPRESENTATION.—(1) In any proceeding be-
fore the Immigration Court, each nongovernmental party
shall have the privilege of being represented (at no expense
to the Government) by such counsel, authorized to practice
in such proceedings, as the party shall choose.
‘‘(2) The rules of the Immigration Court shall provide
for the admission of qualified attorneys and nonattorneys
to practice before the court.
‘‘(c) CONTEMPT OF COURT.—Each division of the
Immigration Court shall have the power to punish by fine
or imprisonment, at its discretion, such contempt of its
authority, and none other, as—
‘‘(1) misbehavior of any person in its presence
or so near thereto as to obstruct the administration
of justice,
‘‘(2) misbehavior of any of its officers in their
official transactions, or
(3) disobedience or resistance to its lawful writ,
process, order, rule, decree, or command.
Each such division shall have such assistance in the carry-
ing out of its lawful writ, process, order, rule, decree, or
command as is available to a court of the United States.
‘‘(d) FEES.—The Immigration Court may impose
fees for the adjudication of asylum applications and for
judicial review and such other fees as it may provide for
under its rules and procedures.
‘‘RETIREMENT OF JUDGES AND SENIOR JUDGES
‘‘SEC. 116. (a) RETIREMENT OF JUDGES.—(1) a
judge of the Immigration Court who attains the age of
70 shall be retired upon attaining such age.
‘‘(2) A judge of the Immigration Court who has at-
tained the age of 65 may retire at any time after serving
as a judge for fifteen years or more.
‘‘(3) A judge of the Immigration Court who is not
reappointed following the expiration of such judge’s term
of office may retire upon the completion of such term if—
‘‘(A) the judge has served as a judge of the Im-
migration Court for 15 years or more; and
‘‘(B) not earlier than nine months preceding
the date of the expiration of such term of office and
not later than 6 months preceding such date, the
judge advised the President, in the case of an immi-
gration appeals judge, or the Chief Immigration Ap-
peals Judge, in the case of an immigration trial
judge, that the judge was willing to accept re-
appointment to the court.
‘‘(4)(A) A judge of the Immigration Court who be-
comes permanently disabled from performing judicial du-
ties under this chapter shall be retired.
‘‘(B) A judge of the Immigration Court who becomes
permanently disabled from performing judicial duties
under this chapter shall certify to the President, or in the
case of an immigration trial judge to the Chief Immigra-
tion Appeals Judge, such disability in writing, and such
certificate of disability shall be signed by the chief judge
of the division. If the Chief Immigration Appeals Judge
retires for disability, such retirement shall not take effect
until concurred in by the President.
‘‘(5) The provisions of subsection (d) (relating to
computation and payment of retired pay, subsection (e)
(relating to election to receive retired pay), subsection (g)
(relating to coordination with civil service retirement), and
subsection (i) (relating to revocation of an election to re-
ceive retired pay) of section 7447 of the Internal Revenue
Code of 1986 shall apply to judges within a division of
the Immigration Court in the same manner as such provi-
sions apply to judges of the United States Tax Court.
‘‘(6) A person who has elected to receive retired pay
under the application of section 7447(e) of the Internal
Revenue Code of 1986 to judges of the Immigration Court
in accordance with paragraph (5) who thereafter—
‘‘(A) accepts any civil office or employment
under the Government of the United States (other
than the performance of judicial duties pursuant to
subsection (c)); or
‘‘(B) provides legal services to a client in a case
arising under this chapter;
shall forfeit all rights to retired pay under the application
of such section of the Internal Revenue Code of 1986 for
periods during which such person accepts such office or
employment or provides such legal services.
‘‘(7) In any determination of the length of service of
any person as a judge of the Immigration Court there
shall be included all periods of service (whether or not con-
secutive) during which the person served as a judge of the
Immigration Court under this chapter.
‘‘(b) ANNUITIES.—(1) Judges of the Immigration
Court may provide annuities to their surviving spouses
and dependent children in the same manner and subject
to the same terms and conditions as judges of the United
States Tax Court provide annuities to their surviving
spouse and dependent children under section 7448 of the
Internal Revenue Code of 1986.
‘‘(2) Amounts deducted and withheld from the sala-
ries of judges of the Immigration Court in the application
of section 7448(c) of the Internal Revenue Code of 1986
to such judges in accordance with paragraph (1) shall be
deposited in the Treasury of the United States to the cred-
it of a fund to be known as the ‘Immigration Court Judges
Survivors Annuity Fund’.
‘‘(c) SENIOR JUDGES.—(1) Any immigration appeals
or trial judge of the Immigration Court who has retired
from regular active service under subchapter III of chap-
ter 83 of title 5, United States Code, shall be known and
designated as a senior immigration appeals or trial judge
and may perform duties as an immigration appeals or trial
judge when recalled pursuant to paragraph (2).
‘‘(2) The chief immigration appeals judge may recall
any senior immigration appeals or trial judge, with such
judge’s consent, to perform such duties as an immigration
appeals or trial judge and for such period of time as such
chief judge may specify.
‘‘(3) Any senior immigration appeals or trial judge
performing duties pursuant to this section shall not be
counted as an immigration judge for purposes of the num-
ber of judgeships authorized by subsection (a).
‘‘(4) Any senior immigration appeals or trial judge,
while performing duties pursuant to this section, shall be
paid the same allowances for travel and other expenses
as an immigration appeals or trial judge in active service.
Such senior immigration appeals or trial judge shall also
receive from the Immigration Court supplemental pay in
an amount sufficient, when added to his civil service re-
tirement annuity, to equal the salary of an immigration
appeals or trial judge in active service for the same period
or periods of time. Such supplemental pay shall be paid
in the same manner as the salary of an immigration ap-
peals or trial judge.’’.
(b) CONFORMING AMENDMENTS TO THE TABLE OF
CONTENTS.—The table of contents is amended—
(1) by inserting before the item relating to sec-
tion 101 the following:
‘‘CHAPTER 1—DEFINITIONS AND POWERS’’;
and
(2) by inserting after the item relating to sec-
tion 106 the following:
‘‘CHAPTER 2—UNITED STATES IMMIGRATION COURT
‘‘Sec. 111. Establishment of Immigration Court.
‘‘Sec. 112. Appellate division.
‘‘Sec. 113. Trial division.
‘‘Sec. 114. Jurisdiction.
‘‘Sec. 115. Rules of Court.
‘‘Sec. 116. Retirement of judges and senior judges.’’.
SEC. 3. JUDICIAL REVIEW OF IMMIGRATION COURT DECI-
SIONS THROUGH COURT OF APPEALS FOR
THE FEDERAL CIRCUIT.
(a) IN GENERAL.—Section 242(b)(2) (8 U.S.C.
1252(b)(2)) is amended by striking ‘‘court of appeals for
the judicial circuit in which the immigration judge com-
pleted the proceedings’’ and inserting ‘‘Court of Appeals
for the Federal Circuit’’.
(b) ASYLUM.—Section 208 (8 U.S.C. 1158) is
amended by adding at the end the following new sub-
section:
‘‘(e) JUDICIAL REVIEW THROUGH FEDERAL CIR-
CUIT.—No court shall have jurisdiction to entertain a peti-
tion relating to a determination concerning asylum under
this section except the United States Court of Appeals for
the Federal Circuit.’’.
(c) CONFORMING EXPANSION OF JURISDICTION OF
THE U.S. COURT OF APPEALS FOR THE FEDERAL CIR-
CUIT.—(1) Section 1295(a) of title 28, United States
Code, is amended—
(A) by striking ‘‘and’’ at the end of paragraph
(13),
(B) by striking the period at the end of para-
graph (14) and inserting ‘‘; and’’, and
(C) by adding at the end the following new
paragraph:
‘‘(15) by writ of certiorari of an appeal under
section 242 or 208(e) of the Immigration and Na-
tionality Act and to entertain and grant applications
for writs of habeas corpus and petitions for relief re-
specting immigration matters pursuant to such sec-
tions.’’.
(2) Section 2241(a) of such title is amended by strik-
ing ‘‘Writs’’ and inserting ‘‘Except as provided in section
1295(a)(15) of this title, writs’’.
SEC. 4. CONFORMING PROVISIONS.
(a) REFERENCES.—Notwithstanding any other provi-
sion of law, except as may be provided under subsection
(c), any reference in law or regulation in relation to the
Immigration and Nationality Act and related immigration
laws to an immigration or administrative law judge or to
an administrative appeals process is deemed a reference
to an immigration trial judge and to an appeals process
through the Immigration Court, respectively, and the Im-
migration Court, in exercising authority under such Act
for activities previously under the authority of the Attor-
ney General, shall have the same ancillary authorities as
the Attorney General previously had under Act or laws.
(b) SUPERSEDING OTHER PROVISIONS OF LAW.—
(1) IN
GENERAL.—Chapter 2 of title I, as
added by section 2(a)(2), is amended by adding at
the end the following:
‘‘RELATIONSHIP TO OTHER PROVISIONS
‘‘SEC. 117. The provisions of this chapter supersede
the other provisions of law to the extent such provisions
are inconsistent with the provisions of this chapter.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents is amended by inserting after the item relating
to section 116, as inserted by section 2(b)(2), the
following new item:
‘‘Sec. 117. Relationship to other provisions.’’.
(c) SUBMISSION
OF LEGISLATIVE PROPOSAL
FOR
TECHNICAL AND CONFORMING AMENDMENTS.—Not later
than 30 days after the date of the enactment of this Act,
the Attorney General shall submit to the Congress, a legis-
lative proposal proposing such technical and conforming
amendments to the Immigration and Nationality Act and
other immigration-related laws as are necessary to bring
the law into conformity with the policies embodied in this
Act.
SEC. 5. EFFECTIVE DATES AND TRANSITION.
(a) IN GENERAL.—(1) Except as otherwise provided
in this section, the amendments made by this Act take
effect on the date of enactment of this Act.
(2) Section 113(c) of the Immigration and National-
ity Act, as added by section 2, takes effect 90 days after
the date of the enactment of this Act.
(b) TIMETABLE FOR ESTABLISHMENT OF COURT.—
(1) The President shall nominate the chief immigration
appeals judge and other immigration appeals judges of the
appellate division of the United States Immigration Court
(in this section referred to as the ‘‘Court’’) not later than
14 days after the date of the enactment of this Act.
(2) The chief immigration appeals judge, in consulta-
tion with the Attorney General, shall designate a date, not
later than 30 days after the chief immigration appeals
judge and a majority of the immigration appeals judges
are appointed, on which the appellate division shall as-
sume the present functions of the Board of Immigration
Appeals (under existing rules and regulations).
(3) The appellate division of the Court shall provide
promptly for establishment of interim final rules of prac-
tice and procedure which will apply to the Court and immi-
gration trial judges under the Immigration and National-
ity Act after the transition date designated under sub-
section (c).
(c) HEARING TRANSITION DATE.—(1) In order to
provide for the orderly transfer of proceedings from the
existing system to the Court, the chief immigration ap-
peals judge, in consultation with the Attorney General,
shall designate a transition date, to be not later than 45
days after the date interim final rules of practice and pro-
cedure are established under subsection (b)(3).
(2) During the period before the transition date, any
proceeding or hearing under the Immigration and Nation-
ality Act which may be conducted by an immigration judge
may be conducted by an individual appointed and qualified
as an immigration trial judge in accordance with all the
rules and procedures otherwise applicable to the conduct
of such proceeding or hearing.
(d) CONTINUATION OF AUTHORITY.—Individuals act-
ing as immigration judges on the date of the enactment
of this Act and on the transition date may (without regard
to other provisions of law) continue to conduct proceedings
or hearings under the Immigration and Nationality Act
after such transition date during the period ending two
years after the date of the enactment of this Act.
(e) CONTINUATION OF RIGHTS.—(1) The enactment
of this Act shall not result in any loss of rights or powers,
interruption of jurisdiction, or prejudice to matters pend-
ing in the Board of Immigration Appeals or before immi-
gration judges on the day before this Act takes effect.
(2) Under rules established by the appellate division
of the United States Immigration Court, with respect to
removal cases and asylum applications pending as of the
transition date, the appellate division shall be deemed to
be a continuation of the Board of Immigration Appeals
and immigration trial judges shall be deemed a continu-
ation of immigration judges for the purposes of effectuat-
ing the continuation of all existing powers, rights, and ju-
risdiction.
(f) SEVERABILITY.—If any provision or amendment
made by this Act or the application of such provision or
amendment to any person or circumstance is held to be
invalid, the remainder of this Act and it amendments and
the application of such provisions or amendments to any
person or circumstance shall not be affected thereby.
Æ