I 
117TH CONGRESS 
2D SESSION 
H. R. 6577 
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 
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. 
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. 
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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. Effective 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. 
The Immigration and Nationality Act 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 States Immigration Courts (referred to in 
this Act as the ‘Immigration Courts’). Each such 
court of record may be referred to as an ‘immigra-
tion court’. The Immigration Courts is not an agen-
cy of, and shall be independent of, the executive 
branch of the Government. 
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‘‘(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 im-
migration 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-
ate, consistent with the requirements described 
in section 602. 
‘‘(B) TERM OF OFFICE.—Each immigra-
tion appeals judge shall be appointed for a term 
of 15 years and may be reappointed for addi-
tional 15-year terms. An immigration appeals 
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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 in accordance 
with this paragraph. At the conclusion of the 
term, such successor may be reappointed in ac-
cordance with subparagraph (B). 
‘‘(3) CHIEF JUDGE.— 
‘‘(A) DESIGNATION.— 
‘‘(i) IN
GENERAL.—The chief judge 
shall be the immigration appeals judge who 
is most senior in appointment among the 
immigration appeals judges who, at that 
time of appointment to the appellate divi-
sion— 
‘‘(I) have served for 1 or more 
years; 
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‘‘(II) have at least 5 years re-
maining in their term of office as an 
immigration appeals judge; and 
‘‘(III) have not previously served 
as chief judge. 
‘‘(ii) ACTING
CHIEF
JUDGE.—If no 
immigration appeals judge in regular ac-
tive service satisfies all of the requirements 
in clause (i), the immigration appeals 
judge who is most senior in commission 
and who has not previously served as chief 
judge shall serve as acting chief judge until 
an immigration appeals judge becomes eli-
gible under such clause. 
‘‘(iii) 
PRECEDENCE.—Immigration 
appeals judges who have the same seniority 
in commission shall be eligible for service 
as chief judge according to seniority in 
age. 
‘‘(B) TERM OF OFFICE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the chief judge shall 
serve a term that shall end on the earliest 
of— 
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‘‘(I) the date that is 5 years after 
the date that term begins; 
‘‘(II) the date that the judge is 
removed from service for cause in ac-
cordance 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 
provides written notice to the other 
immigration 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 
immigration appeals judge is eligible to as-
sume the role of chief judge as provided in 
subparagraph (A), the incumbent shall 
continue to serve as chief judge until an-
other immigration appeals judge becomes 
eligible. 
‘‘(4) EN BANC EXERCISE OF APPELLATE DIVI-
SION
AUTHORITY
IN
NON-ADJUDICATIVE
MAT-
TERS.— 
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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 
paragraph, not less than 2⁄3 of all immigration 
appeals judges in regular active service shall 
constitute a quorum. 
‘‘(c) TRIAL DIVISION.— 
‘‘(1) IN GENERAL.—The trial division of the 
Immigration Courts shall be composed of immigra-
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tion trial courts, the number and geographical loca-
tion of which shall be determined by the administra-
tive council, in accordance with the procedures de-
scribed 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 immigra-
tion 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 
continue to serve after the expiration of the 
prior term for not more than 1 year or until a 
successor 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. If only one immigration trial judge pre-
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sides over a geographical area, that judge shall 
be designated 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 op-
erations 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 del-
egated 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. 
‘‘(2) ADMINISTRATIVE OFFICE.—The adminis-
trative office shall be managed by a chief adminis-
trative officer, who shall be responsible for— 
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‘‘(A) implementing and administering oper-
ational rules, policies, and procedures of the 
Immigration Courts established by the appellate 
division 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 court of the trial division is unable to at-
tend, the chief judge may summon any other 
judge from such court. Every judge summoned 
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shall attend and, unless excused by the chief 
judge, shall remain 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 administration 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 date of the enactment of the Real 
Courts, Rule of Law Act of 2022, and 
every 4 years thereafter, the administrative 
council shall conduct a survey, which shall 
include the solicitation of information and 
recommendations from the public, to deter-
mine the number of immigration trial 
courts required to provide for the expedi-
tious and effective administration of jus-
tice, as well as the geographical areas to be 
served by such courts. In conducting the 
survey, the administrative council shall— 
‘‘(I) assess the continuing need 
for existing immigration trial court 
positions and the need for additional 
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positions in each geographical loca-
tion; 
‘‘(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. 
‘‘(ii) PUBLICATION
OF
SURVEY
RE-
SULTS.—The administrative council shall 
publish the results of the survey described 
in subparagraph (A). 
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‘‘(iii) NOTICE
OF
VACANCIES.—The 
administrative 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 individ-
uals who are best qualified to serve as im-
migration judges, consistent with sub-
sections (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. 
‘‘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, 
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or any combination thereof, for not less than 10 
years; 
‘‘(2) possess, and have a reputation for, integ-
rity and good character; 
‘‘(3) possess and have demonstrated a commit-
ment to equal justice under the law; 
‘‘(4) possess and have demonstrated out-
standing legal ability and competence, as evidenced 
by substantial legal experience, ability to deal with 
complex legal problems, aptitude for legal scholar-
ship and writing, and familiarity with courts and 
court processes; 
‘‘(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 en-
sure that— 
‘‘(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) the corps of immigration judges— 
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‘‘(A) is comprised primarily of individuals 
with prior legal experience in immigration law; 
and 
‘‘(B) to the extent practicable, reflects a 
balance of individuals with prior legal experi-
ence 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 
immigration judges shall be required to satisfy continuing 
education requirements, as determined by the administra-
tive council. 
‘‘(e) SALARIES.— 
‘‘(1) IMMIGRATION
APPEALS
JUDGES.—Each 
immigration appeals judge shall serve on a full-time 
basis and shall receive as compensation for such 
services, an annual salary that is equal to the salary 
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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 im-
migration trial judge shall serve on a full-time basis 
and shall receive as compensation for such services, 
an annual 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, occu-
pation, or employment that is inconsistent with the 
expeditious, proper, and impartial performance of 
such judge’s duties. 
‘‘(f) REMOVAL.— 
‘‘(1) IN GENERAL.—An immigration judge may 
be removed from office only on grounds of inca-
pacity, misconduct, neglect of duty, or having en-
gaged in the practice of law, and in accordance with 
the following: 
‘‘(A) An immigration appeals judge may be 
removed from office by the President. 
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‘‘(B) An immigration trial judge may be 
removed from office by the appellate division. 
‘‘(C) No immigration judge may be re-
moved from office unless such judge is provided 
with notice of the allegations forming the basis 
for removal 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 receiv-
ing, investigating, and resolving complaints re-
garding the conduct of immigration judges. In 
investigating and acting upon any such com-
plaint, the appellate division shall have the pow-
ers 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 cer-
tification to, and petition for review in the Judi-
cial Conference of the United States, and action 
thereon, shall apply to the exercise of the pow-
ers of a judicial council by the appellate divi-
sion. The grounds for removal specified in para-
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graph (1) shall provide the basis for a deter-
mination to refer a complaint to the Judicial 
Conference, for further action by the Con-
ference, and for certification and transmittal by 
the Conference of any complaint to the Presi-
dent. 
‘‘(g) RETIREMENT.— 
‘‘(1) Any immigration judge shall retire upon 
attaining the age of 70. 
‘‘(2) Any immigration judge who meets the age 
and service requirements set forth in the following 
table may retire: 
‘‘The immigration judge has at-
tained 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— 
‘‘(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 of-
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fice and not later than 6 months preceding such 
date, he advised the President or the appellate 
division, 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 
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 
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immigration judge not less than 10 years; or (B) 
one-half of the rate of the salary payable to an im-
migration judge during such period if before he re-
tired 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 
paragraph (1) of this subsection for any individual who 
is entitled 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 indi-
vidual who is entitled thereto, any period during which 
such individual performs services under subsection (c) on 
a substantially full-time basis shall be treated as a period 
during which he has served as an immigration judge. 
‘‘(i) ELECTION TO RECEIVE RETIRED PAY.—Any 
immigration judge may elect to receive retired pay under 
subsection (h). Such an election— 
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‘‘(1) may be made only while an individual is an 
immigration judge (except that in the case of an in-
dividual who fails to be reappointed as immigration 
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 Of-
fice 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— 
‘‘(1) 1-YEAR
FORFEITURE
FOR
FAILURE
TO 
PERFORM
JUDICIAL
DUTIES.—If such individual 
during any calendar year fails to perform judicial 
duties required of him by section 603, such indi-
vidual shall forfeit all rights to retired pay under 
subsection (d) for the 1-year period which begins on 
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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 for-
feit 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 
‘‘(ii) the retired pay under subsection 
(h) payable to such individual for periods 
beginning on or after the date such elec-
tion takes effect shall be equal to the re-
tired pay to which such individual would be 
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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 
irrevocable. 
‘‘(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. 
‘‘(k) COORDINATION WITH CIVIL SERVICE RETIRE-
MENT.— 
‘‘(1) GENERAL
RULE.—Except as otherwise 
provided in this subsection, the provisions of the civil 
service retirement laws (including the provisions re-
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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 em-
ployee 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 wheth-
er performed as immigration judge or other-
wise); 
‘‘(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-
ginning after the day on which such election is 
filed; and 
‘‘(C) such individual shall be paid the 
lump-sum 
credit 
computed 
under 
section 
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8331(8) of title 5 of the United States Code 
upon making application therefor with the Of-
fice 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 ap-
plicable, and the President finds that such immigra-
tion judge is unable to discharge efficiently all the 
duties of his office by reason of permanent mental 
or physical disability and that the appointment of an 
additional immigration judge is necessary for the ef-
ficient dispatch of business, the President or the ap-
pellate division, as applicable, shall declare such im-
migration judge to be retired. 
‘‘(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-
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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 rev-
ocation) begin to accrue with respect to such indi-
vidual. 
‘‘(2) MANNER OF REVOKING.—Any revocation 
under this subsection shall be made by filing a no-
tice thereof in writing with the Civil Service Com-
mission. The Civil Service Commission shall trans-
mit to the chief judge a copy of each notice filed 
under this subsection. 
‘‘(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 
service as an immigration judge unless with re-
spect to such service either there has been de-
ducted and withheld the amount required by 
the civil service retirement laws or there has 
been deposited in the Civil Service Retirement 
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and Disability Fund an amount equal to the 
amount so required, 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 
treated as service with respect to which deduc-
tions and contributions had been made during 
the period 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. 
‘‘(2) APPLICABILITY OF TITLE 5 PROVISIONS.— 
Except as otherwise provided in this subsection, the 
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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 elec-
tion 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 im-
migration judge’s basic pay for such period as 
allowable 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 
IMMIGRATION
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 
immigration judge who makes an election under 
paragraph (1) and who either— 
‘‘(i) retires under subsection (g), or 
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‘‘(ii) ceases to serve as an immigra-
tion judge but does not retire under sub-
section (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 sec-
tion 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 Federal Retirement Thrift Investment 
Board prescribes 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 
administrative council determines, based on specific and 
credible facts, that the current resources of the Immigra-
tion Courts are insufficient for the expeditious and effec-
tive administration 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 pro-
vides to the clerk of the Immigration Courts written 
notice that the judge is willing to be recalled for 
service in accordance with the terms of this sub-
section. 
‘‘(2) AUTHORITY OF RECALLED JUDGES.—An 
immigration judge who is recalled to serve as an im-
migration appeals judge or immigration trial judge 
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may exercise all of the judicial powers and duties of 
such judges in regular active service, except as spe-
cifically 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 the judge’s retirement, less the 
amount of the judge’s retirement annuity. 
‘‘(4) EFFECT
ON
CIVIL
SERVICE
RETIRE-
MENT.—Except as provided in subsection (d), an im-
migration judge who is recalled for service who re-
tired 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 sub-
section 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 
division shall transmit a report to the Committee on 
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the Judiciary of the House of Representatives and 
the Committee on the Judiciary of the Senate detail-
ing— 
‘‘(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 appel-
late division shall report to the Committees named 
in paragraph (1) on the current status of the Immi-
gration 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 
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section 601(b)(4), terminate the appointment of 
individual temporary immigration judges and 
close individual temporary court facilities as the 
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 divi-
sion determines, in consultation with the 
administrative council, that regular court 
resources are sufficient to resume normal 
court operations; 
‘‘(ii) the date that Congress directs 
that such actions be taken by concurrent 
resolution; or 
‘‘(iii) 210 days after the appellate di-
vision 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.— 
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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 author-
ity on the day before the effective date of this Act. 
‘‘Subtitle B—Procedure and 
Appellate Review 
‘‘SEC. 621. PROCEEDINGS. 
‘‘(a) 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 im-
migration appeals judges shall have precedence and 
preside in the appellate division according to the se-
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niority of their original commissions and, for judges 
whose commissions bear the same date, according to 
seniority in age. 
‘‘(b) 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, immi-
gration trial judges may— 
‘‘(A) record and receive evidence, admin-
ister oaths, examine and cross-examine wit-
nesses, set deadlines, and render findings of 
fact and conclusions of law; 
‘‘(B) render decisions on respondents’ 
prima facie and discretionary eligibility for re-
lief from removal; and 
‘‘(C) order and take depositions, issue sub-
poenas requiring the attendance and testimony 
of witnesses and the production of documents 
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or other evidence, and order responses to writ-
ten interrogatories. 
‘‘(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 sanc-
tioned for contempt under paragraph (1) without 
first receiving notice of the charges and an oppor-
tunity 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 trial court, for the security of the immigra-
tion trial court, including the personal protection of 
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judges, court officers, witnesses, and other threatened per-
sons in the interests of justice, where criminal intimidation 
impedes on the functioning of the judicial process or any 
other official proceeding. The United States Marshals 
Service retains final authority regarding security require-
ments for the Immigration 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 re-
moval rendered by the trial division or the appellate 
division shall, to the greatest extent practicable, be 
issued in the form of a written opinion and shall in-
clude an analysis of the facts of the case and the 
legal reasoning 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 
Supreme Court, precedent decisions of the appellate 
division shall be binding on all immigration judges 
and all officers and employees of executive agencies 
(as defined in section 105 of title 5, United States 
Code) with powers, functions, and duties under this 
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Act and other laws relating to the immigration and 
naturalization 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 
division, 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 practitioners who do not comply with the 
standards described in subparagraph (B); 
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‘‘(2) rules governing the exercise of the appel-
late division’s en banc authority over adjudicative 
matters, 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 
precedent decisions; 
‘‘(5) rules governing the use of video teleconfer-
encing technology or other similar technologies, 
which shall be prohibited in proceedings where the 
alien’s eligibility for relief from removal is being 
evaluated, unless the alien consents to its use; 
‘‘(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. 
‘‘(b) LOCAL RULES.—Each chief trial judge may es-
tablish local rules of practice and procedure, provided 
that— 
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‘‘(1) such rules are consistent with the provi-
sions of this title; 
‘‘(2) a majority of immigration trial judges on 
the immigration trial court of that chief judge con-
cur 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 
reasonable filing fees and other fees, as appropriate. 
Each such fee may not exceed the fee charged and 
collected for the same or a substantially similar pur-
pose by the Federal district courts or the Depart-
ment of Homeland Security. 
‘‘(2) WAIVER.—Rules promulgated by the ap-
pellate 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 ad-
ministrative division shall maintain a public website that 
contains or consolidates current information on all rules 
and fees of the Immigration Courts, including all local 
rules established under this subsection. 
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‘‘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 Immi-
gration Courts shall maintain, through agreements with 
legal services and other nonprofit organizations, a legal 
orientation program that explains the Court’s procedures 
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 
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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 
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 
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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 
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 re-
viewed by the United States court of appeals for the judi-
cial circuit wherein venue lies, in accordance with section 
242, as applicable.’’. 
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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 
with those for employees holding comparable positions in 
the judicial branch. 
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(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. 
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(2) The Immigration Courts may receive and 
expend funds appropriated to the Courts for pur-
poses of paragraph (1) either— 
(A) directly, or 
(B) by transfer to— 
(i) the Director of the Administrative 
Office of the United States Courts, 
(ii) another court established under 
article I of the Constitution, or 
(iii) an executive agency as defined in 
section 105 of title 5, United States Code, 
to cover the expense of such administrative support 
and guidance (including budgetary and financial, 
payroll and personnel, protective and security, rec-
ordkeeping and statistical, and information tech-
nology services) as the Court may request and the 
Director, court, or agency may agree to provide from 
time to time. 
(c) METHOD AND SOURCE OF EXPENDITURES.—All 
expenditures of the Immigration Courts shall be allowed 
and paid upon presentation of itemized vouchers signed 
by the certifying officer designated by the chief judge. 
SEC. 5. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than April 1 of each 
year, the chief judge shall submit to the Committee on 
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the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate, a report sum-
marizing the workload of the Immigration Courts for the 
preceding fiscal year. 
(b) CONTENTS.—The report described in subsection 
(a) shall contain— 
(1) demographic information, including the age, 
gender, and nationality of respondents appearing be-
fore the Immigration Courts, and rates at which 
such respondents are represented by counsel; 
(2) outcomes of removal proceedings, including 
grant rates for immigration relief, disaggregated by 
geographical area and immigration trial judge; 
(3) outcomes of bond hearings, disaggregated 
by geographical area and immigration trial court; 
(4) the number of cases currently pending be-
fore the trial and appellate divisions of the Immigra-
tion Courts, and the change in such number from 
the prior fiscal year; 
(5) the average number of days for which a re-
spondent 
waits 
to 
have 
their 
case 
heard, 
disaggregated by geographical area; and 
(6) any information requested by the Commit-
tees named in subsection (a), provided such request 
is timely and reasonable. 
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SEC. 6. EFFECTIVE DATE; TRANSITIONAL PROVISIONS. 
(a) EFFECTIVE
DATE.—The provisions of and 
amendments made by this Act shall take effect on the first 
day of the first full fiscal year after the date of the enact-
ment of this Act, provided that such date is not less than 
180 days after the date of the enactment of this Act in 
which case the provisions of and amendments made by this 
Act shall take effect on the first day of the second full 
fiscal year after the date of the enactment of this Act. 
(b) TRANSITION PERIOD AND APPOINTMENT OF IN-
TERIM IMMIGRATION JUDGES.— 
(1) TRANSITION
PERIOD.—The transition pe-
riod described in this section shall be the 4-year pe-
riod beginning on the effective date of this Act. 
(2) INTERIM IMMIGRATION JUDGES.— 
(A) IN
GENERAL.—The President shall 
designate interim immigration judges to serve 
in the appellate division and trial division dur-
ing the transition period. Such judges shall 
have the authority to exercise all powers of an 
immigration judge as provided in title VI of the 
Immigration and Nationality Act (8 U.S.C. 601 
et seq.). 
(B) APPELLATE
DIVISION.—Each indi-
vidual serving as a Board member on the Board 
of Immigration Appeals of the Executive Office 
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for Immigration Review on the date that is the 
day before the effective date of this Act shall be 
eligible for designation as an interim immigra-
tion appeals judge. If there are more than 21 
members of the Board of Immigration Appeals 
on the day before the effective date of this Act, 
the 21 members most senior in commission 
shall be eligible for designation. 
(C) TRIAL
DIVISION.—Each individual 
serving as an immigration judge in the Execu-
tive Office for Immigration Review on the date 
that is the day before the effective date of this 
Act shall be eligible for designation as an in-
terim immigration trial judge. In making such 
appointments, such individuals shall be given 
priority consideration, and the President may 
appoint such other interim immigration trial 
judges as appropriate. 
(D) TERM OF SERVICE.—An interim immi-
gration judge may serve until the transition pe-
riod has ended and a successor is appointed, or 
for a period not to exceed 5 years, whichever is 
shorter. 
(c) FIRST APPOINTMENTS TO THE UNITED STATES 
IMMIGRATION COURTS.— 
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(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 
immigration appeals judges appointed after the 
transition period shall, as determined by the 
President, serve for the following terms: 
(i) 7 immigration appeals judges shall 
each serve for a term of 5 years. 
(ii) 7 immigration appeals judges shall 
each serve for a period of 10 years. 
(iii) 7 immigration appeals judges 
shall each serve for a period of 15 years. 
(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 
division shall establish procedures and requirements 
related to the appointment of immigration trial 
judges. 
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(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 judge va-
cancy during the transition period described in sub-
section (b)(1) shall serve only until the transition pe-
riod has ended and until a successor is appointed in 
accordance with section 602 of the Immigration and 
Nationality Act, but not more than 1 year after the 
end of the transition period. 
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 effective date of this Act shall continue to 
serve as precedent in proceedings before the Immi-
gration 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 effective date 
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of this Act, shall remain in effect until amended or 
revoked by the appellate division. 
(b) INSTITUTIONAL TRANSFER.— 
(1) EXECUTIVE OFFICE FOR IMMIGRATION RE-
VIEW.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), all functions under the Ex-
ecutive Office for Immigration Review on the 
date that is the day before the effective date of 
this Act are transferred to the Immigration 
Courts on the effective date of this Act. 
(B) EXCEPTIONS.— 
(i) OCAHO.—The Office of the Chief 
Administrative Hearing Officer and the 
functions of the Executive Office for Immi-
gration Review that support such office 
shall remain under the Department of Jus-
tice. 
(ii) OTHER
FUNCTIONS.—The func-
tions of the Executive Office for Immigra-
tion Review that are not necessary or ap-
propriate for transfer to the Immigration 
Courts shall be reassigned to other agen-
cies within the Department of Justice or 
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dissolved at the discretion of the Attorney 
General. 
(2) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—Except as provided in 
this section, the personnel of the Executive Office 
for Immigration Review employed in connection with 
the functions transferred by this section, and the as-
sets, liabilities, contracts, property, records, and un-
expended balance of appropriations, authorizations, 
allocations, and other funds employed, held, used, 
arising from, available to, or to be made available to, 
the Executive Office for Immigration Review, in con-
nection with the functions transferred by this sec-
tion, subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be trans-
ferred to the Immigration Courts on the effective 
date of this Act. Unexpended funds transferred pur-
suant to this paragraph shall be used only for the 
purposes for which the funds were originally author-
ized and appropriated. 
(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 
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Nationality Act (8 U.S.C. 1151 et seq.) which 
are pending before the Board of Immigration 
Appeals or an immigration judge on the effec-
tive 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 be-
fore the Board of Immigration Appeals or an 
immigration judge on the effective date of this 
Act shall be transferred to the Immigration 
Courts to proceed before the trial division or 
the appellate division as appropriate. 
SEC. 8. REVIEW BY THE JUDICIAL CONFERENCE; CON-
SULTATION REQUIREMENTS. 
The Judicial Conference of the United States shall 
conduct a review of adjudications in the United States Im-
migration Courts at least once every 4 years, as part of 
its comprehensive survey of business in the courts of the 
United States conducted pursuant to title 28, section 331. 
At the conclusion of its review, the Judicial Conference 
shall submit a report of its findings to the appellate divi-
sion and the Committee on the Judiciary of the House 
of Representatives and the Committee on the Judiciary 
of the Senate. The Committees shall cause to have such 
report printed in the Congressional Record. 
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SEC. 9. TECHNICAL AND CONFORMING PROVISIONS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) is amended— 
(1) in section 101(b), by amending paragraph 
(4) to read as follows: 
‘‘(4) The term ‘immigration judge’ means an 
immigration appeals judge or immigration trial 
judge appointed to serve in the United States Immi-
gration Courts established under title VI.’’; 
(2) in section 238(a)(1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Immigration Courts’’; and 
(B) by striking ‘‘Service’’ and inserting 
‘‘Department of Homeland Security’’; 
(3) in section 238(a)(2), by striking ‘‘Attorney 
General’’ each place such term appears and inserting 
‘‘Secretary of Homeland Security’’; 
(4) in section 238(a)(3)— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) Notwithstanding any other provision 
of law, in the case of any alien convicted of an 
aggravated felony, removal proceedings, and 
any administrative appeals thereof, shall be 
completed, to the extent possible, before the 
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alien’s release from incarceration for the under-
lying aggravated felony.’’; and 
(B) in subparagraph (B), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(5) in section 238(a)(4)(A) by striking ‘‘Attor-
ney General’’ and inserting ‘‘administrative council 
of the Immigration Courts’’; 
(6) in section 238(b)(1) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(7) in section 238(b)(3)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) by striking ‘‘apply for’’ and inserting 
‘‘seek’’; 
(8) in section 238(b) by amending paragraph 
(4) to read as follows— 
‘‘(4) In any proceeding under this subsection— 
‘‘(A) the alien shall— 
‘‘(i) be given reasonable notice of the 
charges and of the opportunity described 
in subparagraph (C); 
‘‘(ii) have the privilege of being rep-
resented (at no expense to the government) 
by such counsel, authorized to practice in 
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such proceedings, as the alien shall choose; 
and 
‘‘(iii) have a reasonable opportunity to 
inspect the evidence and rebut the charges; 
and 
‘‘(B) the immigration judge shall ensure 
that— 
‘‘(i) a determination is made for the 
record that the individual upon whom the 
notice for the proceeding under this section 
is served (either in person or by mail) is, 
in fact, the alien named in such notice; and 
‘‘(ii) a record is maintained for judi-
cial review.’’; 
(9) in section 238(b)(5)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
(B) by striking ‘‘Attorney General’s’’ and 
inserting ‘‘immigration judge’s’’; 
(10) by redesignating the second subsection (c) 
of section 238 as subsection (d) and in the newly 
designated subsection (d)— 
(A) by striking ‘‘Commissioner’’ in each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
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(B) by striking ‘‘Attorney General’’ in each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(C) by striking ‘‘Service’’ in paragraph 
(2)(B) and inserting ‘‘Secretary of Homeland 
Security’’; 
(11) in section 239(a) by striking ‘‘Attorney 
General’’ in each place such term appears and in-
serting ‘‘Immigration Courts’’; 
(12) in section 239(b)(2) by striking ‘‘Attorney 
General’’ and inserting ‘‘Immigration Courts’’; 
(13) in section 239(b)(3) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(14) in section 239(d)(1) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(15) in section 240(b)— 
(A) by striking paragraphs (1) and (6) and 
renumbering subsequent paragraphs accord-
ingly; 
(B) by amending paragraph (1) as redesig-
nated by this paragraph to read as follows: 
‘‘(1) FORM OF PROCEEDING.— 
‘‘(A) IN GENERAL.—The proceeding may 
take place— 
‘‘(i) in person; or 
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‘‘(ii) subject to subparagraph (B), 
through video conference. 
‘‘(B) CONSENT
REQUIRED
IN
CERTAIN 
CASES.—An evidentiary hearing on the merits 
may only be conducted through video teleconfer-
ence with the consent of the alien involved.’’; 
(C) in paragraph (2) as redesignated by 
this paragraph, by striking ‘‘Attorney General’’ 
and inserting ‘‘immigration judge’’; 
(D) in paragraph (3) as redesignated by 
this paragraph— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘, under regulations 
of the Attorney General’’; and 
(ii) in subparagraph (A) by striking ‘‘, 
at no expense to the government, by coun-
sel of the alien’s choosing who is author-
ized to practice in such proceedings’’ and 
inserting ‘‘in accordance with section 
623(a)’’; and 
(E) in paragraph (4)(A) as redesignated 
by this paragraph— 
(i) by striking ‘‘Service’’ and inserting 
‘‘Government’’; and 
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(ii) by amending the last sentence to 
read as follows: ‘‘Written notice shall be 
considered sufficient for purposes of this 
subparagraph if provided at the most re-
cent 
address 
provided 
under 
section 
239(a)(1)(F).’’; 
(16) in section 240(c)(2), in the matter fol-
lowing subparagraph (B), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity.’’; 
(17) in section 240(c)(3)— 
(A) by striking ‘‘service’’ in the heading 
and inserting ‘‘Government’’; and 
(B) by striking ‘‘Service’’ in each place 
such term appears and inserting ‘‘Govern-
ment’’; 
(18) in section 240(c)(7)(C)(iv)(II)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
(B) by striking ‘‘Immigration and Natu-
ralization Service’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(19) in section 240(c)(7)(C)(iv)(III)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
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(B) by striking ‘‘Attorney General’s’’ and 
inserting ‘‘immigration judge’s’’; 
(20) in section 240(d) by amending the first 
sentence to read as follows: ‘‘An immigration judge 
may enter an order of removal stipulated to by the 
alien (or the alien’s representative) and the Govern-
ment.’’; 
(21) in section 242(a)(2)(A) by striking ‘‘Attor-
ney General’’ in each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(22) in section 242(a)(2)(B)(ii), by striking 
‘‘Attorney General’’ and inserting ‘‘the appellate di-
vision of the Immigration Courts’’ each place it ap-
pears; 
(23) in section 242(b)(2) by inserting ‘‘trial’’ 
after ‘‘immigration’’; 
(24) in section 242(b)(3)(A)— 
(A) by striking ‘‘Attorney General’’ in the 
first sentence and inserting ‘‘United States’’; 
and 
(B) by amending the second sentence to 
read as follows: ‘‘The petition shall be served on 
the Attorney General and on the officer or em-
ployee of the Department of Homeland Security 
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in charge of the district in which the final order 
of removal under section 240 was entered.’’; 
(25) in section 242(b)(4)(D) by striking ‘‘Attor-
ney General’s’’ and inserting ‘‘immigration judge’s’’; 
(26) in section 242(b)(8) by striking ‘‘Attorney 
General’’ in each place such term appears and in-
serting ‘‘Secretary of Homeland Security’’; 
(27) in section 242(e)(2)(C) by striking ‘‘as 
prescribed by the Attorney General’’; 
(28) in section 242(e)(3)(A)(ii) by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of Home-
land Security’’; 
(29) in section 242(g) by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(30) in section 246(a)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’ each 
place it appears; and 
(B) by striking the second sentence, and 
adding: ‘‘Upon request of the individual whose 
status has been rescinded, the Secretary of 
Homeland Security shall refer such rescission to 
the United States Immigration Courts for re-
view in accordance with section 604(b)(1)(B).’’. 
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(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 
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