IB 
Union Calendar No. 468 
117TH CONGRESS 
2D SESSION 
H. R. 6577 
[Report No. 117–649, Part I] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2022 
Ms. LOFGREN (for herself, Mr. NADLER, and Mr. JOHNSON of Georgia) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on the Budget, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
DECEMBER 20, 2022 
Additional sponsors: Mr. CORREA, Ms. ROSS, Mr. MCGOVERN, Ms. NORTON, 
Ms. SCHAKOWSKY, Ms. BROWNLEY, Ms. ROYBAL-ALLARD, Mr. TAKANO, 
Mr. ESPAILLAT, Ms. JAYAPAL, Mr. SMITH of Washington, Ms. MENG, 
Ms. OCASIO-CORTEZ, Ms. OMAR, Ms. ESHOO, Ms. SA´NCHEZ, Mrs. DIN-
GELL, Mr. JONES, Ms. PRESSLEY, Ms. VELA´ZQUEZ, Mrs. CHERFILUS- 
MCCORMICK, Mr. DANNY K. DAVIS of Illinois, Mr. GARCI´A of Illinois, 
Ms. PORTER, Mr. GRIJALVA, Mr. RASKIN, Mr. NEGUSE, Mr. VARGAS, 
Mrs. WATSON COLEMAN, Mr. DESAULNIER, Ms. NEWMAN, Ms. CLARKE 
of New York, Mrs. TORRES of California, Mr. PERLMUTTER, Mr. 
LOWENTHAL, Mr. STANTON, Mr. CARSON, Ms. BOURDEAUX, Mr. 
CICILLINE, Mr. POCAN, Mr. AGUILAR, Ms. JACKSON LEE, Mr. YAR-
MUTH, Mr. PALLONE, Ms. BASS, Mrs. MCBATH, Ms. SCANLON, Mr. 
CLEAVER, Mr. PETERS, Mr. EVANS, Ms. JACOBS of California, Mr. 
SOTO, Mrs. FLETCHER, Mr. KAHELE, Mr. WELCH, Mr. FOSTER, and Mr. 
TORRES of New York 
DECEMBER 20, 2022 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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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 
[For text of introduced bill, see copy of bill as introduced on February 3, 2022] 
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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Real Courts, Rule of Law Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Establishment and structure of the United States Immigration Courts. 
Sec. 3. Employees. 
Sec. 4. Budget and expenditures. 
Sec. 5. Annual report. 
Sec. 6. Application date; transitional provisions. 
Sec. 7. Institutional transfer; continuity of proceedings. 
Sec. 8. Review by the Judicial Conference; consultation requirements. 
Sec. 9. Technical and conforming provisions. 
SEC. 2. ESTABLISHMENT AND STRUCTURE OF THE UNITED 
STATES IMMIGRATION COURTS. 
(a) UNITED STATES IMMIGRATION COURTS.—The Im-
migration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by adding at the end the following: 
‘‘TITLE VI—UNITED STATES 
IMMIGRATION COURTS 
‘‘Subtitle A—Organization and 
Jurisdiction 
‘‘SEC. 601. ESTABLISHMENT AND STRUCTURE. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established, under 
article I of the Constitution of the United States, a 
system of courts of record to be known as the United 
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States Immigration Courts (referred to in this Act as 
the ‘Immigration Courts’). Each such court of record 
may be referred to as an ‘immigration court’. The 
Immigration Courts is not an agency of, and shall be 
independent of, the executive branch of the Govern-
ment. 
‘‘(2) DIVISIONS.—The Immigration Courts shall 
consist of an appellate division, a trial division, and 
an administrative division. 
‘‘(3) COURT OFFICES.—The principal office of 
the Immigration Courts shall be in the Washington, 
DC, metropolitan area, but any immigration court 
may sit at any place within the United States. 
‘‘(4) COURT
SEAL.—The Immigration Courts 
shall have a seal which shall be judicially noticed. 
‘‘(b) APPELLATE DIVISION.— 
‘‘(1) IN GENERAL.—The appellate division of the 
Immigration Courts shall be composed of 21 immi-
gration appeals judges, one of whom shall serve as 
chief judge, in accordance with paragraph (3). 
‘‘(2) APPOINTMENT
OF
IMMIGRATION
APPEALS 
JUDGES.— 
‘‘(A) IN GENERAL.—Each immigration ap-
peals judge shall be appointed by the President, 
by and with the advice and consent of the Sen-
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ate, consistent with the requirements described in 
section 602. 
‘‘(B) TERM OF OFFICE.—Each immigration 
appeals judge shall be appointed for a term of 15 
years and may be reappointed for additional 15- 
year terms. An immigration appeals judge who 
is not reappointed for an additional term may 
continue to serve after the expiration of the prior 
term until the earlier of— 
‘‘(i) the date that a successor is ap-
pointed; or 
‘‘(ii) the date that is 1 year after the 
expiration of the prior term. 
‘‘(C) SPECIAL
RULE.—If an immigration 
appeals judge does not serve the entirety of an 
appointed term, the resulting vacancy shall be 
filled by a successor appointed for the remainder 
of the term in accordance with this paragraph. 
At the conclusion of the term, such successor may 
be reappointed in accordance with subparagraph 
(B). 
‘‘(3) CHIEF JUDGE.— 
‘‘(A) DESIGNATION.— 
‘‘(i) IN
GENERAL.—The chief judge 
shall be the immigration appeals judge who 
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‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), the chief judge shall serve a 
term that shall end on the earliest of— 
‘‘(I) the date that is 5 years after 
the date that term begins; 
‘‘(II) the date that the judge is re-
moved from service for cause in accord-
ance with section 602(f); 
‘‘(III) the date that the judge 
leaves regular active service as an im-
migration appeals judge; and 
‘‘(IV) the date that the judge pro-
vides written notice to the other immi-
gration appeals judges that such judge 
is resigning from service as chief judge. 
‘‘(ii) CONTINUATION OF SERVICE.—If, 
upon conclusion of the chief judge’s term of 
office described in clause (i)(I), no other im-
migration appeals judge is eligible to as-
sume the role of chief judge as provided in 
subparagraph (A), the incumbent shall con-
tinue to serve as chief judge until another 
immigration appeals judge becomes eligible. 
‘‘(4) EN BANC EXERCISE OF APPELLATE DIVI-
SION AUTHORITY IN NON-ADJUDICATIVE MATTERS.— 
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‘‘(A) IN GENERAL.—The appellate division 
shall exercise only en banc its authority to— 
‘‘(i) appoint immigration trial judges 
to the trial division; 
‘‘(ii) remove immigration trial judges 
in accordance with section 602(f); 
‘‘(iii) appoint a chief administrative 
officer to the administrative division; 
‘‘(iv) promulgate rules and set policies 
and procedures of the Immigration Courts; 
and 
‘‘(v) address other non-adjudicative 
matters that require en banc consideration, 
as determined by the chief judge. 
‘‘(B) MAJORITY VOTE.—The appellate divi-
sion shall exercise its en banc authority as pro-
vided in subparagraph (A) by a majority vote, 
a quorum being present. 
‘‘(C) QUORUM.—For purposes of this para-
graph, not less than three immigration appeals 
judges in regular active service or 2⁄3 of all im-
migration appeals judges in regular active serv-
ice, whichever is greater, shall constitute a 
quorum. 
‘‘(c) TRIAL DIVISION.— 
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‘‘(1) IN GENERAL.—The trial division of the Im-
migration Courts shall be composed of immigration 
trial courts, the number and geographical location of 
which shall be determined by the administrative 
council, in accordance with the procedures described 
in subsection (d)(3)(B). Each immigration trial court 
shall be overseen by a chief trial judge. 
‘‘(2) APPOINTMENT
OF
IMMIGRATION
TRIAL 
JUDGES.— 
‘‘(A) IN GENERAL.—Except as provided in 
section 603, each immigration trial judge shall 
be appointed by the appellate division consistent 
with the requirements described in section 602. 
‘‘(B) TERM OF OFFICE.—Each immigration 
trial judge shall be appointed for a term of 15 
years and may be reappointed for additional 15- 
year terms. An immigration trial judge who is 
not reappointed for an additional term may con-
tinue to serve after the expiration of the prior 
term for not more than 1 year or until a suc-
cessor is appointed, whichever occurs first. 
‘‘(3) CHIEF TRIAL JUDGES.— 
‘‘(A) DESIGNATION.—The chief judge shall 
designate one immigration trial judge to serve as 
the chief trial judge for each geographical area. 
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If only one immigration trial judge presides over 
a geographical area, that judge shall be des-
ignated the chief trial judge. 
‘‘(B) TERM OF OFFICE.—Chief trial judges 
shall serve for an initial term of 5 years and 
may be reappointed for additional 5-year terms, 
or other periods of time that are less than 5 
years as determined by the appellate division. 
‘‘(C) RESPONSIBILITIES.—In addition to 
fulfilling regular judicial duties, chief trial 
judges shall be responsible for— 
‘‘(i) overseeing the administrative oper-
ations of the trial division in the geo-
graphical area in which they are located; 
and 
‘‘(ii) fulfilling all other duties and re-
sponsibilities articulated in this Act or dele-
gated to the chief trial judges by the chief 
judge. 
‘‘(d) ADMINISTRATIVE DIVISION.— 
‘‘(1) IN GENERAL.—The administrative division 
of the Immigration Courts shall consist of an admin-
istrative office and an administrative council. 
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‘‘(2) ADMINISTRATIVE OFFICE.—The administra-
tive office shall be managed by a chief administrative 
officer, who shall be responsible for— 
‘‘(A) implementing and administering oper-
ational rules, policies, and procedures of the Im-
migration Courts established by the appellate di-
vision or the administrative council; 
‘‘(B) assisting the administrative council in 
executing its responsibilities as described in 
paragraph (3); and 
‘‘(C) fulfilling all other administrative du-
ties and responsibilities articulated in this Act 
or delegated by the chief judge. 
‘‘(3) ADMINISTRATIVE COUNCIL.— 
‘‘(A) IN GENERAL.—The chief judge of the 
appellate division shall summon annually the 
chief trial judge of each court of the trial divi-
sion to a meeting at such time and place in the 
United States as the chief judge may designate. 
The chief judge shall preside at such meeting 
which shall be known as the administrative 
council of the Immigration Courts. Special ses-
sions of the council may be called by the chief 
judge at such times and places as the chief judge 
may designate. If the chief trial judge of any 
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court of the trial division is unable to attend, the 
chief judge may summon any other judge from 
such court. Every judge summoned shall attend 
and, unless excused by the chief judge, shall re-
main throughout the sessions of the council and 
advise as to the needs of that judge’s court and 
as to any matters in respect of which the admin-
istration of justice in the Immigration Courts 
may be improved. 
‘‘(B) DETERMINATION OF NUMBER OF RE-
QUIRED JUDGES AND GEOGRAPHICAL AREAS OF 
SERVICE.— 
‘‘(i) SURVEY.—Not later than 1 year 
after the application date described in sec-
tion 6 of the Real Courts, Rule of Law Act 
of 2022, and every 4 years thereafter, the 
administrative council shall conduct a sur-
vey, which shall include the solicitation of 
information and recommendations from the 
public, to determine the number of immi-
gration trial courts required to provide for 
the expeditious and effective administration 
of justice, as well as the geographical areas 
to be served by such courts. In conducting 
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the survey, the administrative council 
shall— 
‘‘(I) assess the continuing need for 
existing immigration trial court posi-
tions and the need for additional posi-
tions in each geographical location; 
‘‘(II) evaluate local conditions in 
each geographical location, including 
the proximity to populations to be 
served, the quality and availability of 
infrastructure to support transpor-
tation and communication, and the 
availability of legal services for indi-
gent and non-English speaking indi-
viduals; 
‘‘(III) consider proximity and ac-
cess to judicial and Department of 
Homeland Security facilities; and 
‘‘(IV) consider the allocation of 
immigration trial courts and judges 
among existing geographical areas and 
whether the administration of justice 
would be better served by the presence 
of immigration trial courts and judges 
in new or different areas. 
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‘‘(ii) PUBLICATION
OF
SURVEY
RE-
SULTS.—The administrative council shall 
publish the results of the survey described in 
subparagraph (A). 
‘‘(iii) NOTICE OF VACANCIES.—The ad-
ministrative council shall publish notice of 
any immigration judge vacancies or new 
staff positions. 
‘‘(C) MERIT SELECTION PANEL.— 
‘‘(i) APPOINTMENT
OF
IMMIGRATION 
JUDGES.—The administrative council shall 
establish a merit selection panel to assist in 
identifying and recommending individuals 
who are best qualified to serve as immigra-
tion judges, consistent with subsections (a), 
(b), and (c) of section 602. 
‘‘(ii) COMPOSITION.—The panel de-
scribed in paragraph (1) shall consist of 
qualified individuals with experience in a 
diverse range of settings, including aca-
demia, nongovernmental organizations, pri-
vate immigration practice, and government 
service. 
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‘‘SEC. 602. IMMIGRATION APPEALS JUDGES AND TRIAL 
JUDGES. 
‘‘(a) QUALIFICATIONS
OF IMMIGRATION JUDGES.— 
Each immigration judge shall— 
‘‘(1) be a member in good standing of the bar of 
a Federal court or the highest court of a State, or any 
combination thereof, for not less than 10 years; 
‘‘(2) possess, and have a reputation for, integrity 
and good character; 
‘‘(3) possess and have demonstrated a commit-
ment to equal justice under the law; 
‘‘(4) possess and have demonstrated outstanding 
legal ability and competence, as evidenced by substan-
tial legal experience, ability to deal with complex 
legal problems, aptitude for legal scholarship and 
writing, and familiarity with courts and court proc-
esses; 
‘‘(5) exhibit demeanor, character, and person-
ality that indicate a judicial temperament; and 
‘‘(6) be qualified to conduct fair and impartial 
hearings that are consistent with due process. 
‘‘(b) ADDITIONAL FACTORS FOR THE APPOINTMENT OF 
IMMIGRATION
JUDGES.—In 
appointing 
immigration 
judges, the President and the appellate division shall ensure 
that— 
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‘‘(1) qualified candidates are identified without 
regard to race, color, sex, religion, national origin, 
disability, age, or any other factor protected under 
Federal law; 
‘‘(2) to the extent practicable, the corps of immi-
gration judges— 
‘‘(A) is comprised primarily of individuals 
with prior legal experience in immigration law; 
and 
‘‘(B) reflects a balance of individuals with 
prior legal experience in the public sector and 
private sector; and 
‘‘(3) candidates are selected without regard to 
political party affiliation or perceived political ide-
ology. 
‘‘(c) PROHIBITED RELATIONSHIPS.—No individual 
may be appointed as an immigration trial judge if such 
individual is related by blood in the first-, second-, or third- 
degree, or by marriage to a immigration appeals judge in 
regular active service. 
‘‘(d) CONTINUING EDUCATION.—In addition to the 
training required under section 603(c) of the International 
Religious Freedom Act of 1998 (22 U.S.C. 6473(c)), all im-
migration judges shall be required to satisfy continuing 
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education requirements, as determined by the administra-
tive council. 
‘‘(e) SALARIES.— 
‘‘(1) IMMIGRATION APPEALS JUDGES.—Each im-
migration appeals judge shall serve on a full-time 
basis and shall receive as compensation for such serv-
ices, an annual salary that is equal to the salary of 
a judge of the district court of the United States as 
determined pursuant to section 135 of title 28, United 
States Code. 
‘‘(2) IMMIGRATION TRIAL JUDGES.—Each immi-
gration trial judge shall serve on a full-time basis and 
shall receive as compensation for such services, an an-
nual salary that is equal to 92 percent of the salary 
of a judge of the district court of the United States 
as determined pursuant to section 135 of title 28, 
United States Code. 
‘‘(3) PROHIBITION ON THE PRACTICE OF LAW.— 
No immigration judge may engage in the practice of 
law or any other practice, business, occupation, or 
employment that is inconsistent with the expeditious, 
proper, and impartial performance of such judge’s 
duties. 
‘‘(f) REMOVAL.— 
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‘‘(1) IN GENERAL.—An immigration judge may 
be removed from office only on grounds of incapacity, 
misconduct, neglect of duty, or having engaged in the 
practice of law, and in accordance with the following: 
‘‘(A) An immigration appeals judge may be 
removed from office by the President. 
‘‘(B) An immigration trial judge may be re-
moved from office by the appellate division. 
‘‘(C) No immigration judge may be removed 
from office unless such judge is provided with no-
tice of the allegations forming the basis for re-
moval and an opportunity to appear in person 
at a hearing to rebut such allegations. 
‘‘(2) COMPLAINTS.— 
‘‘(A) IN GENERAL.—The appellate division 
shall promulgate rules, consistent with chapter 
16 of title 28, United States Code, for receiving, 
investigating, and resolving complaints regard-
ing the conduct of immigration judges. In inves-
tigating and acting upon any such complaint, 
the appellate division shall have the powers 
granted to a judicial council under such chapter. 
‘‘(B) JUDICIAL
CONFERENCE.—The provi-
sions of sections 354(b) through 360 of title 28, 
United States Code, regarding referral or certifi-
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cation to, and petition for review in the Judicial 
Conference of the United States, and action 
thereon, shall apply to the exercise of the powers 
of a judicial council by the appellate division. 
The grounds for removal specified in paragraph 
(1) shall provide the basis for a determination to 
refer a complaint to the Judicial Conference, for 
further action by the Conference, and for certifi-
cation and transmittal by the Conference of any 
complaint to the President. 
‘‘(g) RETIREMENT.— 
‘‘(1) Any immigration judge shall retire upon 
attaining the age of 80. 
‘‘(2) Any immigration judge who meets the age 
and service requirements set forth in the following 
table may retire: 
‘‘The immigration judge has 
attained age 
And the years of service as an 
immigration judge are at least: 
65 ..............................................................
66 ..............................................................
67 ..............................................................
68 ..............................................................
69 ..............................................................
70 ..............................................................
10. 
‘‘(3) Any immigration judge who is not re-
appointed following the expiration of the term of his 
office may retire upon the completion of such term, 
if— 
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‘‘(A) he has served as an immigration judge 
for 15 years or more; and 
‘‘(B) not earlier than 9 months preceding 
the date of the expiration of the term of his office 
and not later than 6 months preceding such date, 
he advised the President or the appellate divi-
sion, as appropriate, in writing that he was 
willing to accept reappointment as an immigra-
tion judge. 
‘‘(4) Any immigration judge who becomes per-
manently disabled from performing his duties shall 
retire. 
‘‘(h) RETIRED PAY.—Any individual who— 
‘‘(1) retires under paragraph (1), (2), or (3) of 
subsection (g) and elects under subsection (i) to re-
ceive retired pay under this subsection shall receive 
retired pay during any period at a rate which bears 
the same ratio to the rate of the salary payable to an 
immigration judge during such period as the number 
of years he has served as immigration judge bears to 
10; except that the rate of such retired pay shall not 
be more than the rate of such salary for such period; 
or 
‘‘(2) retires under paragraph (4) of subsection 
(b) and elects under subsection (i) to receive retired 
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pay under this subsection shall receive retired pay 
during any period at a rate—(A) equal to the rate 
of the salary payable to an immigration judge during 
such period if before he retired he had served as an 
immigration judge not less than 10 years; or (B) one- 
half of the rate of the salary payable to an immigra-
tion judge during such period if before he retired he 
had served as an immigration judge less than 10 
years. 
Such retired pay shall begin to accrue on the day following 
the day on which his salary as immigration judge ceases 
to accrue, and shall continue to accrue during the remain-
der of his life. Retired pay under this subsection shall be 
paid in the same manner as the salary of an immigration 
judge. In computing the rate of the retired pay under para-
graph (1) of this subsection for any individual who is enti-
tled thereto, that portion of the aggregate number of years 
he has served as an immigration judge which is a fractional 
part of 1 year shall be eliminated if it is less than 6 months, 
or shall be counted as a full year if it is 6 months or more. 
In computing the rate of the retired pay under paragraph 
(1) of this subsection for any individual who is entitled 
thereto, any period during which such individual performs 
services under subsection (c) on a substantially full-time 
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basis shall be treated as a period during which he has served 
as an immigration judge. 
‘‘(i) ELECTION TO RECEIVE RETIRED PAY.—Any im-
migration judge may elect to receive retired pay under sub-
section (h). Such an election— 
‘‘(1) may be made only while an individual is 
an immigration judge (except that in the case of an 
individual who fails to be reappointed as immigra-
tion judge at the expiration of a term of office, it may 
be made at any time before the day after the day on 
which his successor takes office); 
‘‘(2) once made, shall be irrevocable; 
‘‘(3) in the case of any immigration judge other 
than the chief judge, shall be made by filing notice 
thereof in writing with the chief judge; and 
‘‘(4) in the case of the chief judge, shall be made 
by filing notice thereof in writing with the Office of 
Personnel Management. 
The chief judge shall transmit to the Office of Personnel 
Management a copy of each notice filed with him under 
this subsection. 
‘‘(j) RETIRED PAY AFFECTED IN CERTAIN CASES.— 
In the case of an individual for whom an election to receive 
retired pay under subsection (h) is in effect— 
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‘‘(1) 1-YEAR FORFEITURE FOR FAILURE TO PER-
FORM JUDICIAL DUTIES.—If such individual during 
any calendar year fails to perform judicial duties re-
quired of him by section 603, such individual shall 
forfeit all rights to retired pay under subsection (d) 
for the 1-year period which begins on the first day on 
which he so fails to perform such duties. 
‘‘(2) SUSPENSION OF RETIRED PAY DURING PE-
RIOD
OF
COMPENSATED
GOVERNMENT
SERVICE.—If 
such individual accepts compensation for civil office 
or employment under the Government of the United 
States (other than the performance of judicial duties 
pursuant to section 603), such individual shall forfeit 
all rights to retired pay under subsection (h) for the 
period for which such compensation is received. 
‘‘(3) FORFEITURES
OF
RETIRED
PAY
UNDER 
PARAGRAPH (1) NOT TO APPLY WHERE INDIVIDUAL 
ELECTS TO FREEZE AMOUNT OF RETIRED PAY.— 
‘‘(A) IN
GENERAL.—If any individual 
makes an election under this paragraph— 
‘‘(i) paragraph (1) and section 603 
shall not apply to such individual begin-
ning on the date such election takes effect, 
and 
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‘‘(ii) the retired pay under subsection 
(h) payable to such individual for periods 
beginning on or after the date such election 
takes effect shall be equal to the retired pay 
to which such individual would be entitled 
without regard to this clause at the time of 
such election. 
‘‘(B) ELECTION.—An election under this 
paragraph— 
‘‘(i) may be made by an individual 
only if such individual meets the age and 
service requirements for retirement under 
paragraph (2) of subsection (g), 
‘‘(ii) may be made only during the pe-
riod during which the individual may make 
an election to receive retired pay or while 
the individual is receiving retired pay, and 
‘‘(iii) shall be made in the same man-
ner as the election to receive retired pay. 
Such an election, once it takes effect, shall be ir-
revocable. 
‘‘(C) WHEN
ELECTION
TAKES
EFFECT.— 
Any election under this paragraph shall take ef-
fect on the first day of the first month following 
the month in which the election is made. 
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‘‘(k) COORDINATION WITH CIVIL SERVICE RETIRE-
MENT.— 
‘‘(1) GENERAL RULE.—Except as otherwise pro-
vided in this subsection, the provisions of the civil 
service retirement laws (including the provisions re-
lating to the deduction and withholding of amounts 
from basic pay, salary, and compensation) shall 
apply in respect of service as an immigration judge 
(together with other service as an officer or employee 
to whom such civil service retirement laws apply) as 
if this section had not been enacted. 
‘‘(2) EFFECT OF ELECTING RETIRED PAY.—In 
the case of any individual who has filed an election 
to receive retired pay under subsection (h)— 
‘‘(A) no annuity or other payment shall be 
payable to any person under the civil service re-
tirement laws with respect to any service per-
formed by such individual (whether performed 
before or after such election is filed and whether 
performed as immigration judge or otherwise); 
‘‘(B) no deduction for purposes of the Civil 
Service Retirement and Disability Fund shall be 
made from retired pay payable to him under 
subsection (h) or from any other salary, pay, or 
compensation payable to him, for any period be-
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ginning after the day on which such election is 
filed; and 
‘‘(C) such individual shall be paid the 
lump-sum credit computed under section 8331(8) 
of title 5, United States Code, upon making ap-
plication therefor with the Office of Personnel 
Management. 
‘‘(l) RETIREMENT FOR DISABILITY.— 
‘‘(1) Any immigration judge who becomes per-
manently disabled from performing his duties shall 
certify to the President, or the appellate division, as 
applicable, his disability in writing. If the chief judge 
retires for disability, his retirement shall not take ef-
fect until concurred in by the President. 
‘‘(2) Whenever any immigration judge who be-
comes permanently disabled from performing his du-
ties does not retire or the appellate division, as appli-
cable, and the President finds that such immigration 
judge is unable to discharge efficiently all the duties 
of his office by reason of permanent mental or phys-
ical disability and that the appointment of an addi-
tional immigration judge is necessary for the efficient 
dispatch of business, the President or the appellate di-
vision, as applicable, shall declare such immigration 
judge to be retired. 
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‘‘(m) REVOCATION OF ELECTION TO RECEIVE RE-
TIRED PAY.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(e)(2), an individual who has filed an election to re-
ceive retired pay under subsection (h) may revoke 
such election at any time before the first day on 
which retired pay (or compensation under section 603 
in lieu of retired pay) would (but for such revocation) 
begin to accrue with respect to such individual. 
‘‘(2) MANNER
OF
REVOKING.—Any revocation 
under this subsection shall be made by filing a notice 
thereof in writing with the Civil Service Commission. 
The Civil Service Commission shall transmit to the 
chief judge a copy of each notice filed under this sub-
section. 
‘‘(3) EFFECT OF REVOCATION.—In the case of 
any revocation under this subsection— 
‘‘(A) for purposes of this section, the indi-
vidual shall be treated as not having filed an 
election to receive retired pay under subsection 
(h), 
‘‘(B) no credit shall be allowed for any serv-
ice as an immigration judge unless with respect 
to such service either there has been deducted and 
withheld the amount required by the civil service 
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retirement laws or there has been deposited in 
the Civil Service Retirement and Disability 
Fund an amount equal to the amount so re-
quired, with interest, 
‘‘(C) the Immigration Courts shall deposit 
in the Civil Service Retirement and Disability 
Fund an amount equal to the additional amount 
it would have contributed to such Fund but for 
the election under subsection (i), and 
‘‘(D) if subparagraph (C) is complied with, 
service on the Immigration Courts shall be treat-
ed as service with respect to which deductions 
and contributions had been made during the pe-
riod of service. 
‘‘(n) THRIFT SAVINGS PLAN.— 
‘‘(1) ELECTION TO CONTRIBUTE.— 
‘‘(A) IN GENERAL.—An immigration judge 
may elect to contribute to the Thrift Savings 
Fund established by section 8437 of title 5, 
United States Code. 
‘‘(B) PERIOD
OF
ELECTION.—An election 
may be made under this paragraph only during 
a period provided under section 8432(b) of title 
5, United States Code, for individuals subject to 
chapter 84 of such title. 
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‘‘(2) APPLICABILITY OF TITLE 5 PROVISIONS.— 
Except as otherwise provided in this subsection, the 
provisions of subchapters III and VII of chapter 84 
of title 5, United States Code, shall apply with re-
spect to an immigration judge who makes an election 
under paragraph (1). 
‘‘(3) SPECIAL RULES.— 
‘‘(A) AMOUNT CONTRIBUTED.—The amount 
contributed by an immigration judge to the 
Thrift Savings Fund in any pay period shall not 
exceed the maximum percentage of such immi-
gration judge’s basic pay for such period as al-
lowable under section 8440f of title 5, United 
States Code. Basic pay does not include any re-
tired pay paid pursuant to this section. 
‘‘(B) CONTRIBUTIONS FOR BENEFIT OF IM-
MIGRATION
JUDGE.—No contributions may be 
made for the benefit of an immigration judge 
under section 8432(c) of title 5, United States 
Code. 
‘‘(C) APPLICABILITY OF SECTION 8433(b) OF 
TITLE 5 WHETHER OR NOT IMMIGRATION JUDGE 
RETIRES.—Section 8433(b) of title 5, United 
States Code, applies with respect to an immigra-
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tion judge who makes an election under para-
graph (1) and who either— 
‘‘(i) retires under subsection (g), or 
‘‘(ii) ceases to serve as an immigration 
judge but does not retire under subsection 
(g). 
Retirement under subsection (b) is a separation 
from service for purposes of subchapters III and 
VII of chapter 84 of that title. 
‘‘(D) APPLICABILITY OF SECTION 8351(b)(5) 
OF
TITLE
5.—The 
provisions 
of 
section 
8351(b)(5) of title 5, United States Code, shall 
apply with respect to an immigration judge who 
makes an election under paragraph (1). 
‘‘(E) EXCEPTION.—Notwithstanding sub-
paragraph (C), if any immigration judge retires 
under this section, or resigns without having met 
the age and service requirements set forth under 
subsection (g)(2), and such immigration judge’s 
nonforfeitable account balance is less than an 
amount that the Executive Director of the Fed-
eral Retirement Thrift Investment Board pre-
scribes by regulation, the Executive Director 
shall pay the nonforfeitable account balance to 
the participant in a single payment. 
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‘‘SEC. 603. TEMPORARY IMMIGRATION JUDGES AND COURT 
FACILITIES. 
‘‘(a) IN GENERAL.—Subject to subsection (c), if the ad-
ministrative council determines, based on specific and cred-
ible facts, that the current resources of the Immigration 
Courts are insufficient for the expeditious and effective ad-
ministration of justice, the appellate division may exercise 
its authority en banc to— 
‘‘(1) appoint temporary immigration trial 
judges, which appointment shall be undertaken in a 
manner consistent with the requirements of section 
602, to the extent practicable; 
‘‘(2) recall retired immigration trial or appeals 
judges, as described in subsection (b); and 
‘‘(3) establish temporary court facilities in des-
ignated geographic areas. 
‘‘(b) RECALL OF RETIRED JUDGES.— 
‘‘(1) ELIGIBILITY.—A retired immigration judge 
may be recalled for service if the judge provides to the 
clerk of the Immigration Courts written notice that 
the judge is willing to be recalled for service in ac-
cordance with the terms of this subsection. 
‘‘(2) AUTHORITY
OF
RECALLED
JUDGES.—An 
immigration judge who is recalled to serve as an im-
migration appeals judge or immigration trial judge 
may exercise all of the judicial powers and duties of 
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such judges in regular active service, except as specifi-
cally provided in this subtitle. Such judge shall not 
be counted for purposes of section 601(b)(1) or (c)(2). 
‘‘(3) COMPENSATION.—An immigration judge 
who is recalled for service shall be paid at the rate 
of pay in effect under section 602(e) for the position 
at the time of such recall, less the amount of the 
judge’s retirement annuity, if any. 
‘‘(4) EFFECT ON CIVIL SERVICE RETIREMENT.— 
Except as provided in subsection (d), an immigration 
judge who is recalled for service who retired under 
chapter 83 or 84 of title 5, United States Code, shall 
be considered to be a reemployed annuitant under 
that chapter. Nothing in this subsection affects the 
right of an immigration judge who retired under 
chapter 83 or 84 of title 5, United States Code, to 
serve as a reemployed annuitant in accordance with 
the provisions of title 5, United States Code. 
‘‘(c) REPORTING REQUIREMENTS.— 
‘‘(1) INITIAL REPORT.—Prior to exercising the 
authority described in subsection (a), the appellate di-
vision shall transmit a report to the Committee on the 
Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate detailing— 
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‘‘(A) the specific and credible facts that led 
to the determination that additional court re-
sources are required; 
‘‘(B) an assessment as to the number of 
temporary immigration judges or court facilities 
that are required; and 
‘‘(C) an estimate as to how long the appel-
late division expects the immigration judges or 
court facilities described in subsection (a) to re-
main in place. 
‘‘(2) ADDITIONAL REPORTING.—Not later than 
30 days after exercising the authority under sub-
section (a) and every 30 days thereafter, the appellate 
division shall report to the Committees named in 
paragraph (1) on the current status of the Immigra-
tion Courts and the continuing need for the tem-
porary immigration judges or court facilities. 
‘‘(3) REDUCTION
IN
RESOURCES
AND
TERMI-
NATION.— 
‘‘(A) 
GRADUAL
REDUCTION
IN
RE-
SOURCES.—The appellate division shall, exer-
cising its authority en banc in accordance with 
section 601(b)(4), terminate the appointment of 
individual temporary immigration judges and 
close individual temporary court facilities as the 
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appellate division, in consultation with the ad-
ministrative council, determines they are no 
longer required. For purposes of this subpara-
graph, section 602(g) does not apply. 
‘‘(B) TERMINATION.—All temporary immi-
gration judge appointments shall be rescinded 
and all temporary court facilities closed upon 
the earliest of— 
‘‘(i) the date that the appellate division 
determines, in consultation with the admin-
istrative council, that regular court re-
sources are sufficient to resume normal 
court operations; 
‘‘(ii) the date that Congress directs that 
such actions be taken by concurrent resolu-
tion; or 
‘‘(iii) 210 days after the appellate divi-
sion submits its initial report under para-
graph (1)(A), unless Congress extends such 
210-day period by law. 
‘‘SEC. 604. JURISDICTION. 
‘‘(a) APPELLATE DIVISION JURISDICTION.— 
‘‘(1) IN GENERAL.—The appellate division of the 
Immigration Courts shall have jurisdiction over— 
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‘‘(A) appeals of immigration trial judge de-
cisions, as described in section 625(c); 
‘‘(B) appeals of decisions by the Secretary 
of Homeland Security on petitions filed under 
section 204 to classify an alien described in sec-
tion 201(b)(2)(A)(i) or 203(a); and 
‘‘(C) original proceedings and appeals in 
disciplinary matters concerning attorneys and 
practitioners before the Immigration Courts. 
‘‘(2) SAVINGS CLAUSE.—In addition to the mat-
ters described in paragraph (1), the appellate division 
shall have jurisdiction to hear and decide all other 
matters over which the Board of Immigration Appeals 
had authority on the day before the application date 
described in section 6(a) of the Real Courts, Rule of 
Law Act of 2022. 
‘‘(b) TRIAL DIVISION JURISDICTION.— 
‘‘(1) IN GENERAL.—The trial division of the Im-
migration Courts shall have original jurisdiction 
over— 
‘‘(A) removal proceedings as described in 
sections 238 and 240; 
‘‘(B) review of rescissions of lawful perma-
nent residence under section 246; 
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‘‘(C) review of credible fear determinations 
under section 235 and reasonable fear deter-
minations for aliens subject to reinstated orders 
of removal under section 241; 
‘‘(D) review of applications for asylum re-
ferred by the Secretary of Homeland Security 
where the applicant is barred from being placed 
in removal proceedings under section 240, and 
referrals for protection under section 241(b)(3) 
or the United Nations Convention Against Tor-
ture where the individual is not in removal pro-
ceedings and is barred from asylum under this 
Act; 
‘‘(E) determinations relating to bond, cus-
tody, or the detention of any alien in the custody 
of the Department of Homeland Security; 
‘‘(F) determinations as to whether adminis-
trative actions arising from applications or peti-
tions filed by or on behalf of the alien and that 
are pending during the course of the alien’s re-
moval proceedings under section 240 have been 
unlawfully withheld or unreasonably delayed; 
and 
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‘‘(G) disciplinary matters concerning attor-
neys and practitioners before the Immigration 
Courts. 
‘‘(2) SAVINGS CLAUSE.—In addition to the mat-
ters described in paragraph (1), the trial division 
shall have jurisdiction to hear and decide all other 
matters over which immigration judges had authority 
on the day before the application date described in 
section 6(a) of the Real Courts, Rule of Law Act of 
2022. 
‘‘Subtitle B—Procedure and 
Appellate Review 
‘‘SEC. 621. PROCEEDINGS. 
‘‘(a) TRIAL DIVISION PROCEEDINGS.— 
‘‘(1) IN GENERAL.—Except as provided in sec-
tion 604(a), all proceedings before the Immigration 
Courts shall originate in the trial division. Pro-
ceedings before the trial division shall be heard and 
decided by a single immigration trial judge, with 
matters assigned to such judges in a manner deter-
mined by the appellate division. 
‘‘(2) AUTHORITY OF TRIAL DIVISION.—In pre-
siding over matters before the trial division, immigra-
tion trial judges may— 
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‘‘(A) record and receive evidence, administer 
oaths, examine and cross-examine witnesses, set 
deadlines, and render findings of fact and con-
clusions of law; 
‘‘(B) render decisions on respondents’ prima 
facie and discretionary eligibility for relief from 
removal; and 
‘‘(C) order and take depositions, issue sub-
poenas requiring the attendance and testimony 
of witnesses and the production of documents or 
other evidence, and order responses to written in-
terrogatories. 
‘‘(b) APPELLATE DIVISION PROCEEDINGS.— 
‘‘(1) IN GENERAL.—Except as provided by rules 
established by the appellate division, proceedings be-
fore the appellate division shall be heard and decided 
by immigration appeals judges sitting in panels of 
three such judges or en banc, and decisions shall be 
made by majority vote. Any decision of a panel may 
be reconsidered by the court sitting en banc. 
‘‘(2) PRECEDENCE
IN
APPELLATE
DIVISION.— 
The chief judge of the Immigration Courts shall have 
precedence and preside at any session of the appellate 
division that such judge attends. Other immigration 
appeals judges shall have precedence and preside in 
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the appellate division according to the seniority of 
their original commissions and, for judges whose com-
missions bear the same date, according to seniority in 
age. 
‘‘(c) CONTEMPT AUTHORITY.— 
‘‘(1) IN
GENERAL.—Immigration judges shall 
have the authority, to sanction by civil money pen-
alty, any individual whose action or inaction ob-
structs the administration of justice or is otherwise in 
contempt of the lawful authority of such judge or the 
Immigration Courts. 
‘‘(2) NOTICE.—No individual may be sanctioned 
for contempt under paragraph (1) without first re-
ceiving notice of the charges and an opportunity to 
rebut such charges. 
‘‘(d) ASSISTANCE TO THE COURT.—The Immigration 
Courts shall have such assistance in carrying out its lawful 
writ, process, order, rule, decree, or command, including 
nationwide service of a subpoena, as is available to a court 
of the United States, as that term is defined in section 451 
of title 28, United States Code. The United States marshal 
for a district in which the immigration trial judge is sitting 
shall, if requested by the presiding judge, attend any court 
proceeding in that district, and may otherwise provide, 
when requested by the chief trial judge of that immigration 
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trial court, for the security of the immigration trial court, 
including the personal protection of judges, court officers, 
witnesses, and other threatened persons in the interests of 
justice, where criminal intimidation impedes on the func-
tioning of the judicial process or any other official pro-
ceeding. The United States Marshals Service retains final 
authority regarding security requirements for the Immigra-
tion Courts. 
‘‘(e) OPINIONS AND ORDERS.— 
‘‘(1) IN GENERAL.—Opinions and orders shall be 
issued in accordance with rules promulgated by the 
appellate division, except that decisions on the merits 
of an application or request for relief from removal 
rendered by the trial division or the appellate divi-
sion shall, to the greatest extent practicable, be issued 
in the form of a written opinion and shall include an 
analysis of the facts of the case and the legal rea-
soning for the decision. 
‘‘(2) PRECEDENTS.—Unless subsequently modi-
fied or reversed by the appellate division, the court of 
appeals for the respective judicial circuit, or the Su-
preme Court, precedent decisions of the appellate divi-
sion shall be binding on all immigration judges and 
all officers and employees of executive agencies (as de-
fined in section 105 of title 5, United States Code) 
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with powers, functions, and duties under this Act and 
other laws relating to the immigration and natu-
ralization of aliens. 
‘‘(f) RECUSAL OF JUDGES.—Section 455 of title 28, 
United States Code, shall apply to all immigration judges 
and proceedings of the Immigration Courts. 
‘‘SEC. 622. IMMIGRATION COURTS RULES OF PRACTICE AND 
PROCEDURE. 
‘‘(a) IN GENERAL.—Exercising its en banc authority, 
the appellate division shall promulgate rules of practice and 
procedure before the trial division and the appellate divi-
sion, including— 
‘‘(1) rules governing the representation of par-
ties, which shall— 
‘‘(A) provide for the admission of qualified 
attorneys to practice before the Immigration 
Courts and, as appropriate, for the admission of 
qualified non-attorney representatives; 
‘‘(B) prescribe standards of practice and 
professional conduct, which shall apply to all at-
torneys and practitioners that appear before the 
Immigration Courts; and 
‘‘(C) provide for disciplinary proceedings 
before the Immigration Courts for attorneys and 
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practitioners who do not comply with the stand-
ards described in subparagraph (B); 
‘‘(2) rules governing the exercise of the appellate 
division’s en banc authority over adjudicative mat-
ters, including decisions of an appellate division 
panel; 
‘‘(3) rules setting forth the types of matters that 
are appropriate for review by a single appellate 
judge; 
‘‘(4) subject to section 621(e), rules governing the 
issuance of opinions and written orders, and prece-
dent decisions; 
‘‘(5) rules governing the use of video teleconfer-
encing technology or other similar technologies, with 
a presumption against the use of video teleconfer-
encing in proceedings where the alien’s eligibility for 
relief from removal is being evaluated, unless re-
quested by the alien; 
‘‘(6) procedures, consistent with section 602(f)(2) 
for receiving, investigating, and resolving complaints 
regarding the conduct of immigration judges; and 
‘‘(7) all other policies, and procedures assigned 
to the appellate division as described in this title. 
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‘‘(b) LOCAL RULES.—Each chief trial judge may es-
tablish local rules of practice and procedure, provided 
that— 
‘‘(1) such rules are consistent with the provisions 
of this title; 
‘‘(2) a majority of immigration trial judges on 
the immigration trial court of that chief judge concur 
to the local rules; and 
‘‘(3) the chief judge approves the local rules. 
‘‘(c) IMMIGRATION COURT FEES.— 
‘‘(1) IN GENERAL.—The appellate division shall 
prescribe rules which provide for the collection of rea-
sonable filing fees and other fees, as appropriate. 
Each such fee may not exceed the fee charged and col-
lected for the same or a substantially similar purpose 
by the Federal district courts or the Department of 
Homeland Security. 
‘‘(2) WAIVER.—Rules promulgated by the appel-
late division shall include procedures under which 
any such fee may be waived in the case of financial 
hardship. 
‘‘(d) PUBLICATION OF RULES AND FEES.—The admin-
istrative division shall maintain a public website that con-
tains or consolidates current information on all rules and 
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fees of the Immigration Courts, including all local rules es-
tablished under this subsection. 
‘‘SEC. 623. REPRESENTATION OF PARTIES AND OTHER AS-
SISTANCE. 
‘‘(a) RIGHT TO COUNSEL.—In any proceeding before 
the Immigration Courts, the person or party concerned shall 
have the privilege of being represented (at no expense to the 
Government) by such counsel, authorized to practice before 
the Immigration Courts, of their own choosing. 
‘‘(b) INTERPRETERS.—The Immigration Courts shall 
establish a program to ensure the use of qualified inter-
preters in proceedings before the Immigration Courts. 
‘‘(c) LEGAL ORIENTATION PROGRAM.—The Immigra-
tion Courts shall maintain, through agreements with legal 
services and other nonprofit organizations, a legal orienta-
tion program that explains the Court’s procedures and pro-
vides basic legal information to individuals who are or may 
become parties to proceedings before the Immigration 
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. 
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‘‘(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 exhibits re-
ceived by such court (including hearing transcripts) 
shall be made available to the public. 
‘‘(2) CONFIDENTIAL INFORMATION.—The Immi-
gration Courts shall preserve the confidentiality of in-
formation relating to matters involving national secu-
rity, asylum and other forms of protection, and 
claims under the Violence Against Women Act (Public 
Law 103–322, title IV, 108 Stat. 1902), as amended, 
or any other applicable law. The Immigration Courts 
may make any provision necessary to prevent the dis-
closure of confidential information in its proceedings 
and records, including requiring that such informa-
tion be placed under seal to be opened only as di-
rected 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 
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‘‘(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 evi-
dence produced at the hearing and shall set forth the judge’s 
findings of fact, reasoning to support discretionary deter-
minations, 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 judicial 
notice of commonly known facts, the appellate divi-
sion shall not engage in fact finding in considering 
an appeal of an immigration trial judge decision, 
and shall defer to the factual findings of the immigra-
tion trial judge unless such findings are challenged 
and determined to be clearly erroneous. 
‘‘(d) REVIEW BY THE UNITED STATES COURTS OF AP-
PEALS.—A decision of the appellate division may be ap-
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pended balance of appropriations, authorizations, al-
locations, and other funds employed, held, used, aris-
ing from, available to, or to be made available to, the 
Executive Office for Immigration Review, in connec-
tion with the functions transferred by this section, 
subject to section 202 of the Budget and Accounting 
Procedures Act of 1950, shall be transferred to the Im-
migration Courts on the application date of this Act. 
Unexpended funds transferred pursuant to this para-
graph shall be used only for the purposes for which 
the funds were originally authorized and appro-
priated. 
(3) PENDING CASES.— 
(A) IN GENERAL.—The enactment of this 
Act shall not result in any loss of rights or pow-
ers, interruption of jurisdiction, or prejudice to 
matters under title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) which 
are pending before the Board of Immigration 
Appeals or an immigration judge on the applica-
tion date of this Act. 
(B) TRANSFER.—All proceedings under title 
II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) which are pending before the 
Board of Immigration Appeals or an immigra-
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the Attorney General and on the officer or em-
ployee of the Department of Homeland Security 
in charge of the district in which the final order 
of removal under section 240 was entered.’’; 
(26) in section 242(b)(4)(D) by striking ‘‘Attor-
ney General’s’’ and inserting ‘‘immigration judge’s’’; 
(27) in section 242(b)(8) by striking ‘‘Attorney 
General’’ in each place such term appears and insert-
ing ‘‘Secretary of Homeland Security’’; 
(28) in section 242(e)(2)(C) by striking ‘‘as pre-
scribed by the Attorney General’’; 
(29) in section 242(e)(3)(A)(ii) by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of Home-
land Security’’; 
(30) in section 242(g) by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(31) in section 246(a)— 
(A) by striking ‘‘Attorney General’’ each 
place it appears and inserting ‘‘Secretary of 
Homeland Security’’; and 
(B) by striking the second sentence and in-
serting the following: ‘‘Upon request of the indi-
vidual whose status has been rescinded, the Sec-
retary of Homeland Security shall refer such re-
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