Congress·In Committee·H.R. 7836

Real Courts, Rule of Law Act of 2026

Congress Proposes Making Immigration Courts Independent to Reduce Political Influence

4 months ago·View on Congress.gov

Legislative Progress

House

Senate

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Law

Key Points

This bill would move immigration courts out of the Department of Justice and make them an independent part of the government. Currently, these courts are run by the same department that handles immigration enforcement. This change aims to make sure the judges are not influenced by the political goals of whichever administration is in power.
The new system would have two levels: a trial court for first hearings and an appeals court for people who want to challenge a ruling. Judges would serve 15-year terms and would be chosen based on their legal skills and experience. A special merit panel would help pick judges to ensure they are qualified, professional, and fair.
The courts would have their own independent budget that the President cannot change before it goes to Congress. This ensures the court system has enough money to hire staff and process cases without being used as a political tool. It also allows for temporary judges to be hired if there is a large backlog of cases that needs to be cleared.
To help people through the legal process, the bill requires the courts to provide qualified interpreters and programs that explain how the court works. It also makes most court records and decisions public so that everyone can see how the law is being applied and ensure the system is working correctly for everyone involved.
There would be a four-year transition period to move all current cases and staff to the new system. This means that people with ongoing cases would not lose their place in line or have their legal rights changed while the new independent court is being organized and new judges are being appointed.

ImmigrationCriminal Justice

Impact Analysis

Personal Impact

Current immigration judges and staff at the Executive Office for Immigration Review (EOIR) in the Department of Justice would be transferred to the new independent court system. Existing judges would become 'interim immigration trial judges' during a 4-year transition period, but there's no guarantee they'd be permanently appointed afterward. Those not reappointed would be eligible for early retirement and other federal positions. Staff salaries would be set to match comparable judicial branch positions, which could be higher or lower than current DOJ pay.

ImpactCertaintyScopeDurationSentiment

Milestones

2 milestones2 actions

Mar 5, 2026House

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.

Sent to a congressional committee for expert review. The committee decides whether this bill moves forward.

Mar 5, 2026

Introduced in House

The bill was officially filed and given a number. It now enters the legislative queue.

Votes

No votes have been recorded for this legislation yet.

News

news_articleCenter Left

Contributor: Immigration judges should be real judges, not political pawns

Source Information

Document Type

Congressional Bill

Official Title

Real Courts, Rule of Law Act of 2026

Bill NumberHR 7836

Congress119th Congress

ChamberHouse of Representatives

Latest ActionReferred 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.