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119-s-5094119th Congress

Real Courts, Rule of Law Act of 2026

Sponsored By: Senator Gillibrand, Kirsten E. [D-NY]

Introduced

Summary

An independent United States Immigration Courts system would move immigration adjudication out of the Attorney General's office and create separate Trial, Appellate, and Administrative Divisions to run immigration cases and set rules for judges and procedure.

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  • Immigrants and families: Removal, asylum, credible-fear, bond, and detention proceedings would be handled by immigration trial judges with appellate review and a push for written opinions and binding precedents.
  • Judges and court personnel: The plan would create 21 immigration appeals judges with Presidential appointment for 15-year terms and trial judges appointed by the Appellate Division for 15-year terms, set qualifications and continuing education, fix pay (appeals judges at district court parity, trial judges at 92% of district court pay), and establish complaint, removal, and retirement rules.
  • Court operations and access: The Appellate Division would set rules for practice, attorney admission, disciplinary standards, and fees (with fee-waiver procedures); an administrative council must survey court needs every four years and can deploy temporary judges and facilities under reporting limits.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Free appeal lawyers for indigent immigrants

If enacted, the bill would confirm that parties may be represented by counsel at no expense to the Federal Government. It would require that, when the Federal Government appeals and the court finds a party cannot afford counsel, the person get representation on appeal under the federal representation-on-appeal plan (18 U.S.C. 3006A). This applies only when the court makes the financial-inability finding and the government filed the appeal.

Judge pay, retirement, and removal rules

If enacted, the bill would pay appeals judges the same salary as U.S. district judges and trial judges 92 percent of that salary. It would set retirement ages and formulas, including mandatory retirement at age 80 and a years-of-service formula for retired pay. Recalled retired judges would be paid the position rate minus their annuity and treated as reemployed annuitants. Judges could be removed only for limited grounds and must get notice and an in-person hearing before removal.

New trial rules for immigration cases

If enacted, the bill would create trial-level immigration courts where a single immigration trial judge would hear removal, asylum, credible/reasonable fear, detention, and rescission matters. Trial judges would be appointed for 15-year terms and could issue subpoenas, take evidence, and compel delayed administrative action. People in these cases would get notice of charges, a chance to see and challenge evidence, identity checks on the record, and access to interpreters and court orientation programs. The bill would also require, when feasible, that removal proceedings for aggravated-felony convicts be completed before their release from incarceration.

Court planning and temporary judge rules

If enacted, the bill would require the administrative council to survey court needs within one year and every four years after. If the council shows resources are insufficient, the Appellate Division en banc could appoint temporary judges, recall retired judges, or open temporary facilities after reporting specific facts to congressional judiciary committees. Temporary authority would end when regular resources resume, Congress directs termination, or after 210 days unless Congress extends the period.

New national immigration court system

If enacted, the bill would create United States Immigration Courts with appellate, trial, and administrative divisions. The main office would be near Washington, D.C., and courts could sit nationwide. The Appellate Division would have 21 presidentially appointed judges serving 15-year terms and would issue binding precedent and court rules. The bill would also replace many references to the Attorney General with the new courts or the Secretary of Homeland Security.

Immigration court filing fees and waivers

If enacted, the Appellate Division would be able to set reasonable filing and other court fees. Each fee could not exceed the fee charged for the same or similar purpose by federal district courts or DHS. The rules would have fee-waiver procedures for people with financial hardship. The administrative office would post current rules and fees on a public website.

Sponsors & CoSponsors

Sponsor

Gillibrand, Kirsten E. [D-NY]

NY • D

Cosponsors

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 7/22/2026

  • Sen. Van Hollen, Chris [D-MD]

    MD • D

    Sponsored 7/22/2026

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 7/22/2026

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 7/22/2026

  • Sen. Schatz, Brian [D-HI]

    HI • D

    Sponsored 7/22/2026

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 7/22/2026

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 7/22/2026

  • Sen. Duckworth, Tammy [D-IL]

    IL • D

    Sponsored 7/22/2026

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 7/22/2026

  • Sen. Kim, Andy [D-NJ]

    NJ • D

    Sponsored 7/22/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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