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# Summary of S. 5094: Real Courts, Rule of Law Act of 2026 This bill establishes an independent United States Immigration Courts system under Article I of the Constitution, removing immigration judges from the executive branch Department of Justice where they currently operate. The new court system would consist of three divisions: an appellate division with 21 judges appointed by the President with Senate confirmation, a trial division with immigration judges appointed by the appellate division, and an administrative division overseeing operations. Immigration judges would receive salaries equal to federal district court judges (appeals judges) or 92 percent thereof (trial judges), serve 15-year terms, and enjoy protections including removal only for cause after a hearing. The bill transfers all functions and personnel of the Executive Office for Immigration Review to the new independent court system and grants the immigration courts full budgetary independence—the court establishes its own budget without executive branch review. The courts would handle removal proceedings, asylum cases, bond determinations, and disciplinary matters for attorneys. Current immigration judges would be redesignated as "interim" judges during a four-year transition period, during which they may seek permanent appointment through a merit-based process. The legislation does not specify new funding but requires Congress to appropriate necessary funds for the independent court system. The bill becomes effective when at least three appellate judges have been appointed and either one full fiscal year passes after enactment (if that date is at least 180 days after passage) or two full fiscal years pass otherwise.

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