I
105TH CONGRESS
2D SESSION
H. R. 4107
To establish the United States Immigration Court.
IN THE HOUSE OF REPRESENTATIVES
JUNE 22, 1998
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 1998’’.
(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 date; 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
to 94 percent of the next to the highest rate of basic pay
for the Senior Executive Service.
‘‘(d) CHIEF IMMIGRATION APPEALS JUDGE.—The
chief immigration appeals judge shall be responsible on be-
half of the appellate division for the administrative oper-
ations of the Immigration Court and shall have the power
to appoint such administrative assistants, attorneys,
clerks, and other personnel as may be needed for that pur-
pose.
‘‘(e) QUORUM.—Three immigration appeals judges
constitute a quorum of the appellate division, except that
the chief immigration appeals judge (or any immigration
appeals judge designated by the chief judge) is empowered
to decide nondispositive motions.
‘‘(f) ACTING
IN PANELS.—The appellate division
shall act in panels of 3 or more judges or in banc (as
designated by the chief immigration appeals judge in ac-
cordance with the rules of the appellate division). A final
decision of such a panel shall be considered to be a final
decision of the appellate division.
‘‘(g) REMOVAL OF JUDGES FOR CAUSE.—(1) Re-
moval of an immigration appeals judge of the Immigration
Court during the term for which the judge is appointed
shall be only for incompetency, misconduct, neglect of
duty, engaging in the practice of law, or physical or mental
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 who is serving as an im-
migration judge as of the date of the enactment of this
chapter shall be appointed by the Chief Immigration Ap-
peals Judge to serve initially as an immigration trial judge
pursuant 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