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.
The Real Courts, Rule of Law Act of 2026 creates an independent federal immigration court system under constitutional Article I authority, removing immigration case decisions from executive branch control and replacing the current Board of Immigration Appeals with a new appellate division. The new system will consist of three components: a trial division handling initial removal and asylum cases, an appellate division of 21 presidentially-appointed judges serving 15-year terms, and an administrative division, with all judges required to meet strict qualifications including at least 10 years of bar membership and appointment based on merit rather than political ideology. Immigration judges will face strict conduct standards, be prohibited from outside legal practice, and must retire at age 80, with a complaint and removal process requiring notice and hearing. The bill transfers all existing immigration judges, staff, and pending cases from the Department of Justice to the new courts following enactment, with a four-year transition period where current judges become "interim" judges, and establishes a requirement for the Judicial Conference to conduct operational reviews every four years and report to Congress.
Take Action
Your position
Add a comment
to comment on this bill.
Annotate the text
Highlight any passage on the Summary or Full Text tab to attach a note. Annotations appear on the Annotations tab.