and provides basic legal information to individuals who are 
or may become parties to proceedings before the Immigra-
tion Courts. 
‘‘SEC. 624. AVAILABILITY OF INFORMATION. 
‘‘(a) PUBLICATION
OF PRECEDENT DECISIONS.— 
Precedent decisions of the appellate division shall be pub-
lished in such form and manner as may be best adapted 
for public information and use. 
‘‘(b) PUBLICATION OF NON-PRECEDENT DECISIONS 
AND RECORDS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
all non-precedent decisions of the Immigration 
Courts and all briefs, motions, documents, and ex-
hibits received by such court (including hearing 
transcripts) shall be made available to the public. 
‘‘(2) CONFIDENTIAL
INFORMATION.—The Im-
migration Courts shall preserve the confidentiality of 
information relating to matters involving national se-
curity, asylum and other forms of protection, and 
claims under the Violence Against Women Act (Pub-
lic Law 103–322, title IV, 108 Stat. 1902), as 
amended, or any other applicable law. The Immigra-
tion Courts may make any provision necessary to 
prevent the disclosure of confidential information in 
its proceedings and records, including requiring that 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
such information be placed under seal to be opened 
only as directed by the Immigration Courts. 
‘‘SEC. 625. SCOPE OF REVIEW AND APPEALS. 
‘‘(a) IN GENERAL.—In any proceeding before the Im-
migration Courts, the immigration judge shall— 
‘‘(1) consider de novo all constitutional claims 
and questions of law; and 
‘‘(2) compel administrative action on an appli-
cation or petition filed by or on behalf of the alien 
that is unlawfully withheld or unreasonably delayed. 
‘‘(b) TRIAL DIVISION PROCEEDINGS.—The decision 
of an immigration trial judge shall be based only on the 
evidence produced at the hearing and shall set forth the 
judge’s findings of fact, reasoning to support discretionary 
determinations, and conclusions of law. Immigration trial 
judges may take judicial notice of commonly known facts. 
‘‘(c) REVIEW BY APPELLATE DIVISION.— 
‘‘(1) IN GENERAL.—In considering an appeal 
from an immigration trial judge decision, the appel-
late division shall limit its review to the scope of 
issues raised on appeal and shall conduct its review 
of the decision based on the record of proceedings of 
the trial division. 
‘‘(2) FACT FINDING.—Aside from taking judi-
cial notice of commonly known facts, the appellate 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
division shall not engage in fact finding in consid-
ering an appeal of an immigration trial judge deci-
sion, and shall defer to the factual findings of the 
immigration trial judge unless such findings are 
challenged and determined to be clearly erroneous. 
‘‘(d) REVIEW BY THE UNITED STATES COURTS OF 
APPEALS.—A decision of the appellate division may be ap-
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 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6211
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
‘‘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 
without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service. 
(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 appoint-
ments 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 
approves, without regard to the provisions of title 5, 
United States Code, governing appointments in the com-
petitive 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 Immi-
gration 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 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
with those for employees holding comparable positions in 
the judicial 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). 
(f) EXPERTS AND CONSULTANTS.—The Immigration 
Courts may procure the services of experts and consult-
ants as provided under section 3109 of title 5, United 
States Code. 
SEC. 4. BUDGET AND EXPENDITURES. 
(a) COURT BUDGET.—For each fiscal year, the budg-
et of the Immigration Courts shall be established by the 
Immigration Courts, without review or modification by the 
executive 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 else-
where, and for law books, books of reference, and 
periodicals) as may be necessary to execute effi-
ciently the judicial and administrative functions vest-
ed in the Courts. 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
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 ‘‘applica-
tion date’’) that is— 
(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 enact-
ment 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 enactment 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 
appeals judges have been duly appointed by the 
President, in accordance with procedures set forth in 
section 6(c) of this Act and 601(b)(2) of the Immi-
gration and Nationality Act, as added by this Act. 
(b) TRANSITION PERIOD AND APPOINTMENT OF IN-
TERIM IMMIGRATION TRIAL JUDGES.— 
(1) TRANSITION
PERIOD.—The transition pe-
riod described in this section shall be the 4-year pe-
riod beginning on the application date of this Act. 
(2) INTERIM IMMIGRATION TRIAL JUDGES.— 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
(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. 
(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 
eligibility, and disability. 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
(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 
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 agen-
cies 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 
IMMIGRATION COURTS.— 
(1) APPELLATE DIVISION.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 601(b)(2)(B) of the Immigration and Na-
tionality Act as added by this Act, the first 21 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
immigration 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 
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 
designated term if such judge is reappointed in 
accordance with section 601(b)(2)(B) of the Im-
migration and Nationality Act as added by this 
Act. 
(2) TRIAL DIVISION.—Not later than 180 days 
before the transition period has ended, the appellate 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
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 
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 
immigration 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. 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
(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 Immigra-
tion and Nationality Act, as added by this Act; 
(B) an immigration trial judge appointed 
under section 601(c) of the Immigration and 
Nationality 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 
before the application date of this Act shall continue 
to serve as precedent in proceedings before the Im-
migration 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 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS
(2) to the authority of the Attorney General to 
prescribe rules with respect to the Executive Office 
for Immigration Review, the Board of Immigration 
Appeals, immigration judges, or administrative ap-
peals, hearings, reviews, or other proceedings con-
ducted 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 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 Ap-
peals for Veterans Claims,’’. 
Æ 
VerDate Sep 11 2014 
03:16 Apr 03, 2024
Jkt 049200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6301
E:\BILLS\H7724.IH
H7724
ssavage on LAPJG3WLY3PROD with BILLS