This legislation, titled the "Real Courts, Rule of Law Act of 2026," establishes the United States Immigration Courts as an independent Article I court of record, separate from the executive branch. This new court system is designed to replace the current immigration adjudication process, which operates under the Executive Office for Immigration Review (EOIR) within the Department of Justice. The Immigration Courts will comprise three main divisions: an appellate division, a trial division, and an administrative division, with its principal office located in the Washington, D.C. metropolitan area.

The appellate division will consist of 21 immigration appeals judges, appointed by the President with Senate consent for 15-year terms, with a chief judge designated by seniority. The trial division will be composed of immigration trial courts, with judges appointed by the appellate division, also for 15-year terms. All judges must meet stringent qualifications, including at least 10 years of bar membership, demonstrated integrity, legal competence, and a commitment to equal justice, with appointments explicitly made without regard to political affiliation.

The appellate division holds significant non-adjudicative authority, including appointing trial judges, removing judges for cause, and promulgating court rules and policies. The administrative division, managed by a chief administrative officer and overseen by an administrative council, is responsible for implementing operational rules and conducting surveys every four years to determine the necessary number and geographical location of trial courts. This council also establishes a merit selection panel to identify qualified candidates for judicial appointments.

The appellate division will have jurisdiction over appeals from trial judge decisions and certain Department of Homeland Security decisions, as well as disciplinary matters for practitioners. The trial division will hold original jurisdiction over critical immigration proceedings, including removal cases, reviews of lawful permanent residence rescissions, credible and reasonable fear determinations, asylum referrals, and bond/custody determinations. Both divisions are empowered to issue written opinions, with appellate division precedent decisions binding on all immigration judges and relevant executive agency officers.

To ensure fairness and transparency, the appellate division will promulgate comprehensive rules of practice and procedure, covering attorney representation, professional conduct, and the use of video teleconferencing, with a presumption against its use in relief eligibility proceedings unless requested by the alien. The bill guarantees the right to counsel (at no government expense), mandates qualified interpreters, and establishes a legal orientation program. All court decisions and records, including non-precedent decisions, will be publicly available, with provisions for protecting confidential information.

The Immigration Courts will operate with an independent budget, established without executive branch review, and will have the authority to appoint staff, including clerks and law clerks, with salaries comparable to those in the judicial branch. The Judicial Conference of the United States is mandated to conduct reviews of the Immigration Courts' adjudications at least every four years, submitting reports to Congress and the appellate division. This oversight mechanism aims to ensure the efficient and effective administration of justice.

The legislation includes detailed transitional provisions, converting existing immigration judges into interim immigration trial judges for a period of up to five years, during which new trial judges will be appointed. Existing precedent decisions from the Attorney General and the Board of Immigration Appeals will remain in effect unless explicitly overruled by the new courts. Furthermore, all functions, personnel, and resources of the Executive Office for Immigration Review, except for the Office of the Chief Administrative Hearing Officer, will be transferred to the newly established United States Immigration Courts.