# 119-s-5094: Real Courts, Rule of Law Act of 2026

119-s-5094, Real Courts, Rule of Law Act of 2026, is a 119th Congress bill sponsored by Sen. Gillibrand, Kirsten E. [D-NY] (D-NY); status introduced (as of 2026-08-19).

- Canonical: https://policyrisk.com/legislation/119-s-5094
- As of: 2026-08-19
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-5094
- Congress: 119
- Title: Real Courts, Rule of Law Act of 2026
- Status: introduced
- Introduced: 2026-07-22
- Sponsor: Sen. Gillibrand, Kirsten E. [D-NY] (D-NY)
- Cosponsors: 10
- Policy area: Immigration
- Touches household money: no
- Last recorded action: 2026-08-19

## 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. - 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.

## Cosponsors (10)

- Sen. Durbin, Richard J. [D-IL] (D-IL), 2026-07-22T00:00:00.000Z
- Sen. Van Hollen, Chris [D-MD] (D-MD), 2026-07-22T00:00:00.000Z
- Sen. Blumenthal, Richard [D-CT] (D-CT), 2026-07-22T00:00:00.000Z
- Sen. Merkley, Jeff [D-OR] (D-OR), 2026-07-22T00:00:00.000Z
- Sen. Schatz, Brian [D-HI] (D-HI), 2026-07-22T00:00:00.000Z
- Sen. Schiff, Adam B. [D-CA] (D-CA), 2026-07-22T00:00:00.000Z
- Sen. Wyden, Ron [D-OR] (D-OR), 2026-07-22T00:00:00.000Z
- Sen. Duckworth, Tammy [D-IL] (D-IL), 2026-07-22T00:00:00.000Z
- Sen. Markey, Edward J. [D-MA] (D-MA), 2026-07-22T00:00:00.000Z
- Sen. Kim, Andy [D-NJ] (D-NJ), 2026-07-22T00:00:00.000Z

## Provisions PRIA read

- Free appeal lawyers for indigent immigrants: benefit, high. 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 representati…
- Judge pay, retirement, and removal rules: benefit, high. 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…
- Court planning and temporary judge rules: benefit, medium. 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 r…
- New national immigration court system: benefit, medium. 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 wou…
- New trial rules for immigration cases: mixed, high. 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 del…
- Immigration court filing fees and waivers: mixed, low. 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 administrat…

## Related bills

- 119-s-5066: Health Equity and Accountability Act of 2026
- 119-s-2823: FAMILY Act
- 119-s-51: Washington, D.C. Admission Act
- 119-s-5108: Right to IVF Act of 2026
- 119-s-1503: Equality Act
- 119-s-2295: Child Care for Working Families Act

## Sources
- [119-s-5094 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/5094)

## Related
- [119-s-5066: Health Equity and Accountability Act of 2026](https://policyrisk.com/legislation/119-s-5066)
- [119-s-2823: FAMILY Act](https://policyrisk.com/legislation/119-s-2823)
- [119-s-51: Washington, D.C. Admission Act](https://policyrisk.com/legislation/119-s-51)
- [119-s-5108: Right to IVF Act of 2026](https://policyrisk.com/legislation/119-s-5108)
- [119-s-1503: Equality Act](https://policyrisk.com/legislation/119-s-1503)
- [119-s-2295: Child Care for Working Families Act](https://policyrisk.com/legislation/119-s-2295)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-5094 (as of 2026-08-19).