I 117th CONGRESS 2d Session H. R. 6577 IN THE HOUSE OF REPRESENTATIVES February 3, 2022 Ms. Lofgren (for herself, Mr. Nadler , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish, under article I of the Constitution of the United States, a court of record to be known as the United States Immigration Courts.

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. Effective date; transitional provisions. Sec. 7. Institutional transfer; continuity of proceedings. Sec. 8. Review by the Judicial Conference; consultation requirements. Sec. 9. Technical and conforming provisions. 2. Establishment and structure of the United States Immigration Courts The Immigration and Nationality Act is amended by adding at the end the following: VI UNITED STATES IMMIGRATION COURTS A Organization and Jurisdiction 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 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 2/3 of all immigration appeals judges in regular active service shall constitute a quorum. (c) Trial division (1) In general The trial division of the Immigration Courts shall be composed of 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 date of the enactment of the Real Courts, Rule of Law Act of 2022 , and every 4 years thereafter, the administrative council shall conduct a survey, which shall include the solicitation of information and recommendations from the public, to 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. 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) the corps of immigration judges— (A) is comprised primarily of individuals with prior legal experience in immigration law; and (B) to the extent practicable, reflects a balance of individuals with prior legal 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 70. (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 of the 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. 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 the judge’s retirement, less the amount of the judge’s retirement annuity. (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. 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 effective date of this Act. (b) Trial division jurisdiction (1) In general The trial division of the Immigration Courts shall have 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 effective date of this Act. B Procedure and Appellate Review 621. Proceedings (a) 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. (b) 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. (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. 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, which shall be prohibited in proceedings where the alien’s eligibility for relief from removal is being evaluated, unless the alien consents to its use; (6) procedures, consistent with section 602(f)(2) for receiving, investigating, and resolving complaints regarding the conduct of immigration judges; and (7) all other policies, and procedures assigned to the appellate division as described in this title. (b) Local rules Each chief trial judge may 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. 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. 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. 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 reviewed by the United States court of appeals for the judicial circuit wherein venue lies, in accordance with section 242, as applicable. . 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. 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. 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. 6. Effective date; transitional provisions (a) Effective date The provisions of and amendments made by this Act shall take effect on the first day of the first full fiscal year after the date of the enactment of this Act, provided that such date is not less than 180 days after the date of the enactment of this Act in which case the provisions of and amendments made by this Act shall take effect on the first day of the second full fiscal year after the date of the enactment of this Act. (b) Transition period and appointment of interim immigration judges (1) Transition period The transition period described in this section shall be the 4-year period beginning on the effective date of this Act. (2) Interim immigration judges (A) In general The President shall designate interim immigration judges to serve in the appellate division and trial division during the transition period. Such judges shall have the authority to exercise all powers of an immigration judge as provided in title VI of the Immigration and Nationality Act ( 8 U.S.C. 601 et seq. ). (B) Appellate division Each individual serving as a Board member on the Board of Immigration Appeals of the Executive Office for Immigration Review on the date that is the day before the effective date of this Act shall be eligible for designation as an interim immigration appeals judge. If there are more than 21 members of the Board of Immigration Appeals on the day before the effective date of this Act, the 21 members most senior in commission shall be eligible for designation. (C) Trial division Each individual serving as an immigration judge in the Executive Office for Immigration Review on the date that is the day before the effective date of this Act shall be eligible for designation as an interim immigration trial judge. In making such appointments, such individuals shall be given priority consideration, and the President may appoint such other interim immigration trial judges as appropriate. (D) Term of service An interim immigration 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. (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 after the transition period shall, as determined by the President, serve for the following terms: (i) 7 immigration appeals judges shall each serve for a term of 5 years. (ii) 7 immigration appeals judges shall each serve for a period of 10 years. (iii) 7 immigration appeals judges shall each serve for a period of 15 years. (B) Succession Each immigration 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 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. 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 effective 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 effective 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 effective date of this Act are transferred to the Immigration Courts on the effective date of this Act. (B) Exceptions (i) OCAHO The Office of the Chief Administrative Hearing Officer and the functions of the Executive Office for 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 effective 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 effective 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 effective date of this Act shall be transferred to the Immigration Courts to proceed before the trial division or the appellate division as appropriate. 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. 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 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)(B) 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) and renumbering subsequent paragraphs accordingly; (B) by amending paragraph (1) as redesignated by this paragraph to read as follows: (1) Form of proceeding (A) In general The proceeding may take place— (i) in person; or (ii) subject to subparagraph (B), through video conference. (B) Consent required in certain cases An evidentiary hearing on the merits may only be conducted through video teleconference with the consent of the alien involved. ; (C) in paragraph (2) as redesignated by this paragraph, by striking Attorney General and inserting immigration judge ; (D) in paragraph (3) as redesignated by this paragraph— (i) in the matter preceding 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 (E) 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 and inserting the appellate division of the Immigration Courts each place it appears; (23) in section 242(b)(2) by inserting trial after immigration ; (24) in section 242(b)(3)(A)— (A) by striking Attorney General in the first sentence and inserting United States ; and (B) by amending the second sentence to read as follows: The petition shall be served on the Attorney General and on the officer or employee of the Department of Homeland Security in charge of the district in which the final order of removal under section 240 was entered. ; (25) in section 242(b)(4)(D) by striking Attorney General’s and inserting immigration judge’s ; (26) in section 242(b)(8) by striking Attorney General in each place such term appears and inserting Secretary of Homeland Security ; (27) in section 242(e)(2)(C) by striking as prescribed by the Attorney General ; (28) in section 242(e)(3)(A)(ii) by striking Attorney General and inserting Secretary of Homeland Security ; (29) in section 242(g) by striking Attorney General and inserting Secretary of Homeland Security ; and (30) in section 246(a)— (A) by striking Attorney General and inserting Secretary of Homeland Security each place it appears; and (B) by striking the second sentence, and adding: Upon request of the individual whose status has been rescinded, the Secretary of Homeland Security shall refer such rescission to the United States Immigration Courts for 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 .