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.
# Real Courts, Rule of Law Act of 2024
This bill establishes the United States Immigration Courts as an independent judicial system under Congress rather than under the executive branch, fundamentally restructuring how immigration cases are handled. Currently, immigration judges operate as part of the Department of Justice's Executive Office for Immigration Review. The new courts would consist of three divisions: a 21-judge appellate division, trial courts staffed with immigration trial judges, and an administrative division, with the principal office in the Washington, DC area.
Immigration appeals judges and trial judges would be appointed by the President with Senate confirmation and serve 15-year terms, similar to federal judges. Judges must have at least 10 years of legal experience and meet specific qualifications related to legal ability, integrity, and judicial temperament. The bill prohibits judges from practicing law and requires continuing education. Salaries would match federal district court judges for appeals judges and 92 percent of that for trial judges.
The trial division would handle removal proceedings, credible fear determinations, bond hearings, and asylum applications, while the appellate division would review trial decisions and have authority over disciplinary matters. All proceedings would follow established rules of practice and procedure, with presumptions favoring in-person rather than video proceedings. The courts would have independent budgeting authority without executive branch review.
The bill takes effect on the first or second full fiscal year following enactment, once at least three appeals judges are appointed. Current immigration judges in the executive branch would become interim immigration trial judges during a four-year transition period and could seek permanent appointment. All pending cases would transfer to the new courts without loss of rights or interruption of proceedings.
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