Congress Moves to Establish Independent Immigration Court System

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.

Undocumented immigrants facing removal proceedings would appear before judges who are independent from the executive branch that is trying to deport them. This structural change means judges can no longer be pressured by political appointees at the Department of Justice to rule a certain way, which could lead to fairer hearings. The bill also guarantees interpreters, legal orientation programs, and limits on video hearings when someone's right to stay in the country is being decided.

Visa holders who end up in immigration court proceedings would benefit from an independent judiciary that is insulated from political pressure. Judges with 15-year terms chosen through a merit-based process are more likely to apply the law consistently regardless of which administration is in power. The new courts would also have authority to compel action on applications that have been unlawfully delayed.

Green card holders facing rescission of their permanent residence status or removal proceedings would have their cases heard by independent judges rather than ones who report to the Attorney General. The appellate division would also handle appeals of visa petition denials by DHS, giving green card holders a more neutral forum to challenge unfavorable decisions.

While naturalized citizens are generally not subject to immigration court proceedings, those whose naturalization could be challenged or who sponsor family members for immigration benefits would see a more fair and transparent system. The independent courts would handle appeals of family-based visa petition denials, giving naturalized citizens a more neutral forum when sponsoring relatives.