Real Courts, Rule of Law Act of 2022
Bill: H.R.6577 | Sponsor: Rep. Lofgren, Zoe (D-CA)
Policy area: Immigration

Summary:
Real Courts, Rule of Law Act of 2022
This bill establishes the U.S. Immigration Courts, a system of courts to be independent of the executive branch. The bill also transfers all functions of the Executive Office for Immigration Review (EOIR) to the Immigration Courts, with some exceptions. (Currently, the EOIR, located in the Department of Justice, has authority to adjudicate immigration cases.)
The trial division of the Immigration Courts shall have jurisdiction over various immigration-related matters, including (1) removal proceedings, (2) reviews of rescissions of lawful permanent resident status, and (3) reviews of credible fear determinations in applications for refugee status. The appellate division shall have jurisdiction over appeals of decisions by the trial division and certain Department of Homeland Security determinations.
The bill establishes various requirements and authorities relating to the Immigration Courts, including qualifications, length of term in office, and mandatory retirement age for judges. Each appellate division judge must be appointed by the President with the advice and consent of the Senate, and the appellate division shall appoint the trial division judges.

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 Representatives 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 Immigration 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 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 Government.
            ``(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 immigration 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 appeals judge 
                shall be appointed by the President, by and with the 
                advice and consent of the Senate, 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 
                        appointed; 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 is most 
                        senior in appointment among the immigration 
                        appeals judges who, at that time of appointment 
                        to the appellate division--
                                    ``(I) have served for 1 or more 
                                years;
                                    ``(II) have at least 5 years 
                                remaining 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 active 
                        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 eligible 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 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 
                                removed from service for cause in 
                                accordance with section 602(f);
                                    ``(III) the date that the judge 
                                leaves regular active service as an 
                                immigration 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 assume 
                        the role of chief judge as provided in 
                        subparagraph (A), the incumbent shall continue 
                        to serve as chief judge until another 
                        immigration appeals judge becomes eligible.
            ``(4) En banc exercise of appellate division authority in 
        non-adjudicative matters.--
                    ``(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 division shall 
                exercise its en banc authority as provided in 
                subparagraph (A) by a majority vote, a quorum being 
                present.
                    ``(C) Quorum.--For purposes of this paragraph, not 
                less than three immigration appeals judges in regular 
                active service or \2/3\ of all immigration appeals 
                judges in regular active service, whichever is greater, 
                shall constitute a quorum.
    ``(c) Trial Division.--
            ``(1) In general.--The trial division of the Immigration 
        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 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 presides 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 
                        operations of the trial division in the 
                        geographical area in which they are located; 
                        and
                            ``(ii) fulfilling all other duties and 
                        responsibilities articulated in this Act or 
                        delegated 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 administrative office 
        and an administrative council.
            ``(2) Administrative office.--The administrative office 
        shall be managed by a chief administrative officer, who shall 
        be responsible for--
                    ``(A) implementing and administering operational 
                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 duties 
                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 division 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 sessions 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 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 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 required judges 
                and geographical areas of service.--
                            ``(i) Survey.--Not later than 1 year after 
                        the application date described in section 6 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 determine 
                        the number of immigration 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 the survey, the administrative 
                        council shall--
                                    ``(I) assess the continuing need 
                                for existing immigration trial court 
                                positions and the need for additional 
                                positions 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 
                                transportation and communication, and 
                                the availability of legal services for 
                                indigent and non-English speaking 
                                individuals;
                                    ``(III) consider proximity and 
                                access 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 results.--The 
                        administrative council shall publish the 
                        results of the survey described in subparagraph 
                        (A).
                            ``(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 individuals who are best 
                        qualified to serve as immigration judges, 
                        consistent with subsections (a), (b), and (c) 
                        of section 602.
                            ``(ii) Composition.--The panel described in 
                        paragraph (1) shall consist of qualified 
                        individuals with experience in a diverse range 
                        of settings, including academia, 
                        nongovernmental organizations, private 
                        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, 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 commitment to equal 
        justice under the law;
            ``(4) possess and have demonstrated outstanding legal 
        ability and competence, as evidenced by substantial legal 
        experience, ability to deal with complex legal problems, 
        aptitude for legal scholarship and writing, and familiarity 
        with courts and court processes;
            ``(5) exhibit demeanor, character, and personality 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--
            ``(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 immigration 
        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 ideology.
    ``(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 
administrative 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 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 immigration 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, occupation, 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 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 removed 
                from office by the appellate division.
                    ``(C) No immigration judge may be removed 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 receiving, investigating, 
                and resolving complaints regarding the conduct of 
                immigration judges. In investigating 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 provisions of 
                sections 354(b) through 360 of title 28, United States 
                Code, regarding referral or certification 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 certification 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...........................................  15
66...........................................  14
67...........................................  13
68...........................................  12
69...........................................  11
70...........................................  10.
----------------------------------------------------------------------------------------------------------------

            ``(3) Any immigration judge who is not reappointed 
        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 office 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 immigration judge.
            ``(4) Any immigration judge who becomes permanently 
        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 receive 
        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 immigration judge not less than 10 years; or 
        (B) one-half of the rate of the salary payable to an 
        immigration 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 remainder 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 individual 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--
            ``(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 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 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--
            ``(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 
        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 period 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 beginning 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 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 period 
                        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 manner 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 effect on the first day 
                of the first month following the month in which the 
                election is made.
    ``(k) Coordination With Civil Service Retirement.--
            ``(1) General rule.--Except as otherwise provided in this 
        subsection, the provisions of the civil service retirement laws 
        (including the provisions relating 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 retirement laws 
                with respect to any service performed 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 beginning 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 application therefor 
                with the Office of Personnel Management.
    ``(l) Retirement for Disability.--
            ``(1) Any immigration judge who becomes permanently 
        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 effect until 
        concurred in by the President.
            ``(2) Whenever any immigration judge who becomes 
        permanently disabled from performing his duties does not retire 
        or the appellate division, as applicable, 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 physical disability and that the appointment of an 
        additional immigration judge is necessary for the efficient 
        dispatch of business, the President or the appellate division, 
        as applicable, shall declare such immigration judge to be 
        retired.
    ``(m) Revocation of Election To Receive Retired Pay.--
            ``(1) In general.--Notwithstanding subsection (e)(2), an 
        individual who has filed an election to receive 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 subsection.
            ``(3) Effect of revocation.--In the case of any revocation 
        under this subsection--
                    ``(A) for purposes of this section, the individual 
                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 respect to such 
                service either there has been deducted and withheld the 
                amount required by the civil service retirement laws or 
                there has been deposited in the Civil Service 
                Retirement 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 deductions 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 provisions of 
        subchapters III and VII of chapter 84 of title 5, United States 
        Code, shall apply with respect 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 immigration judge's basic pay for such period 
                as allowable under section 8440f of title 5, United 
                States Code. Basic pay does not include any retired 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
                            ``(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 subparagraph (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.

``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 Immigration Courts are insufficient for the 
expeditious and effective 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 designated 
        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 accordance with the terms of this 
        subsection.
            ``(2) Authority of recalled judges.--An immigration judge 
        who is recalled to serve as an immigration appeals judge or 
        immigration trial judge may exercise all of the judicial powers 
        and duties of such judges in regular active service, except as 
        specifically 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 division 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--
                    ``(A) the specific and credible facts that led to 
                the determination that additional court resources 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 appellate 
                division expects the immigration judges or court 
                facilities described in subsection (a) to remain in 
                place.
            ``(2) Additional reporting.--Not later than 30 days after 
        exercising the authority under subsection (a) and every 30 days 
        thereafter, the appellate division shall report to the 
        Committees named in paragraph (1) on the current status of the 
        Immigration Courts and the continuing need for the temporary 
        immigration judges or court facilities.
            ``(3) Reduction in resources and termination.--
                    ``(A) Gradual reduction in resources.--The 
                appellate division shall, exercising 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 appellate division, in consultation with the 
                administrative council, determines they are no longer 
                required. For purposes of this subparagraph, section 
                602(g) does not apply.
                    ``(B) Termination.--All temporary immigration 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 
                        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 
                        division submits its initial report under 
                        paragraph (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--
                    ``(A) appeals of immigration trial judge decisions, 
                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 section 
                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 matters 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 Immigration 
        Courts shall have original jurisdiction over--
                    ``(A) removal proceedings as described in sections 
                238 and 240;
                    ``(B) review of rescissions of lawful permanent 
                residence under section 246;
                    ``(C) review of credible fear determinations under 
                section 235 and reasonable fear determinations for 
                aliens subject to reinstated orders of removal under 
                section 241;
                    ``(D) review of applications for asylum referred 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 Torture where the individual is not in removal 
                proceedings and is barred from asylum under this Act;
                    ``(E) determinations relating to bond, custody, or 
                the detention of any alien in the custody of the 
                Department of Homeland Security;
                    ``(F) determinations as to whether administrative 
                actions arising from applications or petitions filed by 
                or on behalf of the alien and that are pending during 
                the course of the alien's removal proceedings under 
                section 240 have been unlawfully withheld or 
                unreasonably delayed; and
                    ``(G) disciplinary matters concerning attorneys and 
                practitioners before the Immigration Courts.
            ``(2) Savings clause.--In addition to the matters 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 section 604(a), 
        all proceedings before the Immigration Courts shall originate 
        in the trial division. Proceedings before the trial division 
        shall be heard and decided by a single immigration trial judge, 
        with matters assigned to such judges in a manner determined by 
        the appellate division.
            ``(2) Authority of trial division.--In presiding over 
        matters before the trial division, immigration trial judges 
        may--
                    ``(A) record and receive evidence, administer 
                oaths, examine and cross-examine witnesses, set 
                deadlines, and render findings of fact and conclusions 
                of law;
                    ``(B) render decisions on respondents' prima facie 
                and discretionary eligibility for relief from removal; 
                and
                    ``(C) order and take depositions, issue subpoenas 
                requiring the attendance and testimony of witnesses and 
                the production of documents or other evidence, and 
                order responses to written interrogatories.
    ``(b) Appellate Division Proceedings.--
            ``(1) In general.--Except as provided by rules established 
        by the appellate division, proceedings before 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 the appellate division according to the seniority of 
        their original commissions and, for judges whose commissions 
        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 penalty, any individual 
        whose action or inaction obstructs 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 receiving 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 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 
functioning of the judicial process or any other official proceeding. 
The United States Marshals Service retains final authority regarding 
security requirements 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 removal 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 include an analysis of the facts of the case and the 
        legal reasoning for the decision.
            ``(2) Precedents.--Unless subsequently modified 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 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 parties, 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 
                attorneys 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);
            ``(2) rules governing the exercise of the appellate 
        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 teleconferencing 
        technology or other similar technologies, with a presumption 
        against the use of video teleconferencing in proceedings where 
        the alien's eligibility for relief from removal is being 
        evaluated, unless requested 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.
    ``(b) Local Rules.--Each chief trial judge may establish 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 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 purpose by the Federal district courts or 
        the Department of Homeland Security.
            ``(2) Waiver.--Rules promulgated by the appellate 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 administrative 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.

``SEC. 623. REPRESENTATION OF PARTIES AND OTHER ASSISTANCE.

    ``(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 interpreters in proceedings 
before the Immigration Courts.
    ``(c) Legal Orientation Program.--The Immigration 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 Immigration Courts.

``SEC. 624. AVAILABILITY OF INFORMATION.

    ``(a) Publication of Precedent Decisions.--Precedent decisions of 
the appellate division shall be published in such form and manner as 
may be best adapted for public information and use.
    ``(b) Publication of Non-Precedent Decisions and Records.--
            ``(1) In general.--Subject to paragraph (2), all non-
        precedent decisions of the Immigration Courts and all briefs, 
        motions, documents, and exhibits received by such court 
        (including hearing transcripts) shall be made available to the 
        public.
            ``(2) Confidential information.--The Immigration Courts 
        shall preserve the confidentiality of information relating to 
        matters involving national security, 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 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 Immigration Courts, 
the immigration judge shall--
            ``(1) consider de novo all constitutional claims and 
        questions of law; and
            ``(2) compel administrative action on an application or 
        petition filed by or on behalf of the alien that is unlawfully 
        withheld or unreasonably delayed.
    ``(b) Trial Division Proceedings.--The decision of an immigration 
trial judge shall be based only on the evidence produced at the hearing 
and shall set forth the judge's findings of fact, reasoning to support 
discretionary determinations, and conclusions of law. Immigration trial 
judges may take judicial notice of commonly known facts.
    ``(c) Review by Appellate Division.--
            ``(1) In general.--In considering an appeal from an 
        immigration trial judge decision, the appellate 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 division 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 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 appealed by a party to such proceeding 
and reviewed by the United States court of appeals for the judicial 
circuit wherein venue lies, in accordance with section 242, as 
applicable. If the Government appeals a decision pursuant to this 
subsection, and the court finds that the alien party to such appeal is 
financially unable to obtain adequate representation, representation 
for such alien shall be provided through the plan for representation on 
appeal that is in effect under section 3006A of title 18, United States 
Code.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended 
by adding at the end the following new items:

              ``TITLE VI--UNITED STATES IMMIGRATION COURTS

              ``Subtitle A--Organization and Jurisdiction

``Sec. 601. Establishment and structure.
``Sec. 602. Immigration appeals judges and trial judges.
``Sec. 603. Temporary immigration judges and court facilities.
``Sec. 604. Jurisdiction.

              ``Subtitle B--Procedure and Appellate Review

``Sec. 621. Proceedings.
``Sec. 622. Immigration courts rules of practice and procedure.
``Sec. 623. Representation of parties and other assistance.
``Sec. 624. Availability of information.
``Sec. 625. Scope of review and appeals.''.

SEC. 3. EMPLOYEES.

    (a) Clerk of the Court.--The chief judge may appoint, 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 appoint law clerks and 
secretaries, in such numbers as the appellate division approves, 
without regard to the provisions of title 5, United States Code, 
governing appointments 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 competitive 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 Immigration 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.
    (e) Preference Eligibles.--In making appointments 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 consultants as provided under section 3109 
of title 5, United States Code.

SEC. 4. BUDGET AND EXPENDITURES.

    (a) Court Budget.--For each fiscal year, the budget 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 expenditures 
        (including expenditures for personal services and rent at the 
        seat of Government and elsewhere, and for law books, books of 
        reference, and periodicals) as may be necessary to execute 
        efficiently the judicial and administrative functions vested in 
        the Courts.
            (2) The Immigration Courts may receive and expend funds 
        appropriated to the Courts for purposes 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, recordkeeping and 
        statistical, and information technology 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 the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate, a 
report summarizing 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 before 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 before the trial 
        and appellate divisions of the Immigration Courts, and the 
        change in such number from the prior fiscal year;
            (5) the average number of days for which a respondent waits 
        to have their case heard, disaggregated by geographical area; 
        and
            (6) any information requested by the Committees named in 
        subsection (a), provided such request is timely and reasonable.

SEC. 6. APPLICATION DATE; TRANSITIONAL PROVISIONS.

    (a) Application Date.--The Immigration Courts may not begin to 
exercise the functions of the courts under this Act and the amendments 
made by this Act until the date (for purposes of this Act, referred to 
as the ``application date'') that is--
            (1)(A) the first day of the first full fiscal year after 
        the date of the enactment of this Act, if such date is 180 days 
        or more after the date of enactment of this Act; or
            (B) the first day of the second full fiscal year after the 
        date of the enactment of this Act, if the first day of the 
        first full fiscal year after the date of enactment of this Act 
        is less than 180 days after the date of enactment of this Act; 
        and
            (2) the date on which 3 or more immigration appeals judges 
        have been duly appointed by the President, in accordance with 
        procedures set forth in section 6(c) of this Act and 601(b)(2) 
        of the Immigration and Nationality Act, as added by this Act.
    (b) Transition Period and Appointment of Interim Immigration Trial 
Judges.--
            (1) Transition period.--The transition period described in 
        this section shall be the 4-year period beginning on the 
        application date of this Act.
            (2) Interim immigration trial judges.--
                    (A) In general.--Each individual serving as an 
                immigration judge in the Executive Office for 
                Immigration Review on the date that is the day before 
                the application date of this Act shall become an 
                interim immigration trial judge.
                    (B) Authority of interim immigration trial 
                judges.--Interim immigration judges shall have the 
                authority to exercise all powers of an immigration 
                trial judge as provided in title VI of the Immigration 
                and Nationality Act (8 U.S.C. 601 et seq.).
                    (C) Term of service.--An interim immigration trial 
                judge may serve until the transition period has ended 
                and a successor is appointed, or for a period not to 
                exceed 5 years, whichever is shorter. An otherwise 
                qualified interim judge may be appointed as an 
                immigration trial judge.
                    (D) Credit and eligibility for benefits.--Service 
                as an interim immigration trial judge shall be included 
                in the same manner as service as an immigration trial 
                judge for purposes of calculating service credit, 
                retirement eligibility, and disability.
                    (E) Separation.--Nothing in this Act or the 
                amendments made by this Act may be construed to--
                            (i) preclude an interim immigration trial 
                        judge who is not appointed for a term 
                        appointment by the appellate division under 
                        section 601(c)(2) of the Immigration and 
                        Nationality Act, as added by this Act, from 
                        eligibility for appointment as an 
                        administrative judge, administrative law judge, 
                        and for attorney positions in agencies 
                        throughout the Federal Government; or
                            (ii) make an interim immigration judge 
                        described in clause (i) ineligible for early 
                        retirement pursuant to section 8336(d)(2)(D) or 
                        8414(b)(1)(B) of title 5, United States Code.
    (c) First Appointments to the United States Immigration Courts.--
            (1) Appellate division.--
                    (A) In general.--Notwithstanding section 
                601(b)(2)(B) of the Immigration and Nationality Act as 
                added by this Act, the first 21 immigration appeals 
                judges appointed shall serve for the following terms:
                            (i) The terms of the first 7 immigration 
                        appeals judges appointed shall terminate on the 
                        date that is 5 years after the date described 
                        in subsection (a).
                            (ii) The terms of the next 7 immigration 
                        appeals judges appointed after the judges 
                        referred to in clause (i) shall terminate on 
                        the date that is 10 years after the date 
                        described in subsection (a).
                            (iii) The terms of the next 7 immigration 
                        appeals judges appointed after the judges 
                        referred to in clause (ii) shall terminate on 
                        the date that is 15 years after the date 
                        described in subsection (a).
                    (B) Succession.--Each immigration appeals 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 Immigration 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.
            (3) Clarification.--Notwithstanding paragraphs (1) and (2) 
        and section 601 of the Immigration and Nationality Act, as 
        added by this Act, any individual appointed to fill an 
        immigration trial judge vacancy during the transition period 
        described in subsection (b)(1) shall serve only until the 
        transition period 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.
    (d) Prior Service Credit.--
            (1) In general.--The period that a covered immigration 
        judge who elects to receive retired pay under section 602 of 
        the Immigration and Nationality Act, as added by this Act, 
        serves as a member of the Board of Immigration Appeals, an 
        immigration judge, or an administrative law judge in the 
        Executive Office for Immigration Review of the Department of 
        Justice, shall be included, up to a maximum of 5 years, in the 
        service of such individual on the Immigration Courts for 
        purposes of computing the years of service as an immigration 
        judge.
            (2) Covered immigration judge defined.--In this subsection, 
        the term ``covered immigration judge'' means--
                    (A) an immigration appeals judge appointed under 
                section 601(b) of the Immigration and Nationality Act, 
                as added by this Act;
                    (B) an immigration trial judge appointed under 
                section 601(c) of the Immigration and Nationality Act, 
                as added by this Act; or
                    (C) an interim immigration trial judge under 
                subsection (b)(2) of this section.

SEC. 7. INSTITUTIONAL TRANSFER; CONTINUITY OF PROCEEDINGS.

    (a) Existing Precedent.--
            (1) In general.--Precedential decisions by the Attorney 
        General or the Board of Immigration Appeals under title II of 
        the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 
        that were issued before the application date of this Act shall 
        continue to serve as precedent in proceedings before the 
        Immigration Courts unless explicitly overruled by such court.
            (2) Rules.--To the extent that such rules are consistent 
        with this Act, the rules of the Attorney General that were in 
        effect before the application date of this Act, shall remain in 
        effect until amended or revoked by the appellate division.
    (b) Institutional Transfer.--
            (1) Executive office for immigration review.--
                    (A) In general.--Except as provided in subparagraph 
                (B), all functions under the Executive Office for 
                Immigration Review on the date that is the day before 
                the application date of this Act are transferred to the 
                Immigration Courts on the application date of this Act.
                    (B) Exceptions.--
                            (i) OCAHO.--The Office of the Chief 
                        Administrative Hearing Officer and the 
                        functions of the Executive Office for 
                        Immigration Review that support such office 
                        shall remain under the Department of Justice.
                            (ii) Other functions.--The functions of the 
                        Executive Office for Immigration Review that 
                        are not necessary or appropriate for transfer 
                        to the Immigration Courts shall be reassigned 
                        to other agencies within the Department of 
                        Justice or dissolved at the discretion of the 
                        Attorney General.
            (2) Transfer and allocation of appropriations 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 assets, liabilities, contracts, property, records, and 
        unexpended 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 connection 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 Immigration Courts on the application date 
        of this Act. Unexpended funds transferred pursuant to this 
        paragraph shall be used only for the purposes for which the 
        funds were originally authorized and appropriated.
            (3) Pending cases.--
                    (A) In general.--The enactment of this Act shall 
                not result in any loss of rights or powers, 
                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 application 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 immigration judge on the application 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; CONSULTATION REQUIREMENTS.

    The Judicial Conference of the United States shall conduct a review 
of adjudications in the United States Immigration 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 division 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.

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 Immigration Courts established under title VI.'';
            (2) in section 238(a)(1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``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 alien's release from incarceration for the 
underlying aggravated felony.''; and
                    (B) in subparagraph (B), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security'';
            (5) in section 238(a)(4)(A) by striking ``Attorney 
        General'' each place it appears 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 inserting 
                ``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 
                        represented (at no expense to the government) 
                        by such counsel, authorized to practice in 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 judicial 
                        review.'';
            (9) in section 238(b)(5)--
                    (A) by striking ``Attorney General'' and inserting 
                ``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 ``Secretary of Homeland 
                Security'';
                    (B) by striking ``Attorney General'' in each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (C) by striking ``Service'' in paragraph (2)(A) and 
                inserting ``Secretary of Homeland Security'';
            (11) in section 239(a) by striking ``Attorney General'' in 
        each place such term appears and inserting ``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);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively;
                    (C) by redesignating paragraph (7) as paragraph 
                (5);
                    (D) by amending paragraph (1) as redesignated by 
                this paragraph to read as follows:
            ``(1) Form of proceeding.--The proceeding may take place--
                    ``(A) in person; or
                    ``(B) through video conference, subject to rules 
                promulgated under section 622(a)(5).'';
                    (E) in paragraph (2) as redesignated by this 
                paragraph, by striking ``Attorney General'' and 
                inserting ``immigration judge'';
                    (F) in paragraph (3) as redesignated by this 
                paragraph--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``, under regulations of the 
                        Attorney General''; and
                            (ii) in subparagraph (A) by striking ``, at 
                        no expense to the Government, by counsel of the 
                        alien's choosing who is authorized to practice 
                        in such proceedings'' and inserting ``in 
                        accordance with section 623(a)''; and
                    (G) in paragraph (4)(A) as redesignated by this 
                paragraph--
                            (i) by striking ``Service'' and inserting 
                        ``Government''; and
                            (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 recent 
                        address provided under section 239(a)(1)(F).'';
            (16) in section 240(c)(2), in the matter following 
        subparagraph (B), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'';
            (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 ``Government'';
            (18) in section 240(c)(7)(C)(iv)(II)--
                    (A) by striking ``Attorney General'' and inserting 
                ``immigration judge''; and
                    (B) by striking ``Immigration and Naturalization 
                Service'' and inserting ``Secretary of Homeland 
                Security'';
            (19) in section 240(c)(7)(C)(iv)(III)--
                    (A) by striking ``Attorney General'' and inserting 
                ``immigration judge''; and
                    (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 Government.'';
            (21) in section 242(a)(2)(A) by striking ``Attorney 
        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'' each place it appears and inserting ``the appellate 
        division of the Immigration Courts'';
            (23) in section 242(a), by adding at the end the following:
            ``(6) Venue.--For purposes of judicial review under this 
        section and section 625(d), the venue of a proceeding before 
        the court of appeals is in the judicial circuit in which--
                    ``(A) an immigration trial judge of the Immigration 
                Court issued the original underlying decision in the 
                matter; or
                    ``(B) the underlying administrative action reviewed 
                by the appellate division of the Court occurred.'';
            (24) in section 242(b)(2) by inserting ``trial'' after 
        ``immigration'';
            (25) 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 employee 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 ``Attorney 
        General's'' and inserting ``immigration judge's'';
            (27) in section 242(b)(8) by striking ``Attorney General'' 
        in each place such term appears and inserting ``Secretary of 
        Homeland Security'';
            (28) in section 242(e)(2)(C) by striking ``as prescribed by 
        the Attorney General'';
            (29) in section 242(e)(3)(A)(ii) by striking ``Attorney 
        General'' and inserting ``Secretary of Homeland Security'';
            (30) in section 242(g) by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security''; 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 inserting 
                the following: ``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 review in accordance with 
                section 604(b)(1)(B).''.
    (b) Construction of Existing References.--To the extent consistent 
with this Act, each reference in the Immigration and Nationality Act (8 
U.S.C. et seq.), or in any rule prescribed thereunder--
            (1) to the Board of Immigration Appeals or an immigration 
        judge, or any administrative appeal, hearing, review, or other 
        proceeding before such Board or judge, shall be deemed to 
        refer, as appropriate, to the United States Immigration Courts 
        established under title VI of the Immigration and Nationality 
        Act, as added by this Act, to the appropriate division of the 
        Court, or to the corresponding proceedings under this Act 
        before such Court; and
            (2) to the authority of the Attorney General to prescribe 
        rules with respect to the Executive Office for Immigration 
        Review, the Board of Immigration Appeals, immigration judges, 
        or administrative appeals, hearings, reviews, or other 
        proceedings conducted under the Immigration and Nationality 
        Act, by such Office, Board, or judges, shall be deemed to 
        confer rulemaking authority on the appellate division of the 
        United States Immigration Courts established in title VI of the 
        Immigration and Nationality Act, as added by this Act.
    (c) Financial Disclosure Reporting.--Section 109 of the Ethics in 
Government Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph (8), by inserting ``of the United States 
        Immigration Courts,'' after ``Court of Appeals for Veterans 
        Claims,''; and
            (2) in paragraph (10), by inserting ``United States 
        Immigration Courts,'' after ``Court of Appeals for Veterans 
        Claims,''.
                                                 Union Calendar No. 468

117th CONGRESS

  2d Session

                               H. R. 6577

                      [Report No. 117-649, Part I]

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