Real Courts, Rule of Law Act of 2026

Key Points

• The bill creates a new independent court system, the United States Immigration Courts, established under Article I of the Constitution. It moves immigration judges out of the Department of Justice so they are not part of the executive branch and are shielded from political pressure.
• The system has two levels: a trial division for initial cases and a 21-judge appellate division for appeals. Appeals judges are appointed by the President and confirmed by the Senate for renewable 15-year terms, and can only be removed for cause like misconduct or neglect of duty.
• The bill ends the Attorney General's ability to control outcomes. Judges review constitutional claims and questions of law fresh, must issue written opinions with legal reasoning, and their precedent decisions bind executive agencies unless a court of appeals or the Supreme Court reverses them.
• The courts set their own budget without the executive branch changing it, and must file annual public reports on caseloads, wait times, how often people have lawyers, and case outcomes broken down by judge and location.
• There is a four-year transition. Current immigration judges become interim trial judges and keep working, pending cases transfer without losing their standing, and the courts must provide interpreters, a legal orientation program, and fee waivers for people who cannot afford them.