To establish, under article I of the Constitution of the United States, a court of record to be known as the United States Immigration Courts.
Real Courts, Rule of Law Act of 2022
This bill establishes the U.S. Immigration Courts, a system of courts to be independent of the executive branch. The bill also transfers all functions of the Executive Office for Immigration Review (EOIR) to the Immigration Courts, with some exceptions. (Currently, the EOIR, located in the Department of Justice, has authority to adjudicate immigration cases.)
The trial division of the Immigration Courts shall have jurisdiction over various immigration-related matters, including (1) removal proceedings, (2) reviews of rescissions of lawful permanent resident status, and (3) reviews of credible fear determinations in applications for refugee status. The appellate division shall have jurisdiction over appeals of decisions by the trial division and certain Department of Homeland Security determinations.
The bill establishes various requirements and authorities relating to the Immigration Courts, including qualifications, length of term in office, and mandatory retirement age for judges. Each appellate division judge must be appointed by the President with the advice and consent of the Senate, and the appellate division shall appoint the trial division judges.
Introduced in House
Introduced in House
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.
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.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 12.
Reported (Amended) by the Committee on Judiciary. H. Rept. 117-649, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 117-649, Part I.
Committee on the Budget discharged.
Committee on the Budget discharged.
Placed on the Union Calendar, Calendar No. 468.
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