Real Courts, Rule of Law Act of 2026

Last action · March 5, 2026: 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.Sponsors: Zoe Lofgren and 14 others

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What This Bill Would Do

This bill proposes moving immigration courts out of the executive branch and establishing them as an independent system of courts under Article I of the Constitution. It creates a new structure consisting of appellate, trial, and administrative divisions with judges appointed to 15-year terms.

Why it matters

If passed, this bill would fundamentally change the immigration legal system by removing it from the Department of Justice's control and creating an independent court system, which would alter how immigration cases are processed and how judges are appointed.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Immigration Judges

Their appointment process, term lengths, and administrative oversight structure would change under the new court system.

Directly affected

Department of Justice

The agency would lose its current administrative control over the immigration court system.

Directly affected

Immigration Litigants

Individuals appearing before immigration courts would have their cases heard by a newly structured, independent judicial body.

Key Facts

Establishes the United States Immigration Courts as an independent Article I court system, separate from the executive branch.
Creates three divisions: an appellate division, a trial division, and an administrative division.
Sets the appellate division to be composed of 21 immigration appeals judges appointed by the President with Senate confirmation.
Establishes 15-year terms for both immigration appeals judges and immigration trial judges.

Show all 9 facts

Requires the appellate division to act en banc (as a full body) for non-adjudicative matters like appointing trial judges or setting court rules.
Mandates that the principal office of the new court system be located in the Washington, DC, metropolitan area.
Authorizes immigration trial judges to be appointed by the appellate division rather than the President.
Provides that judges not reappointed may continue to serve for up to one year after their term expires or until a successor is appointed.
Defines a quorum for the appellate division as the greater of three judges or two-thirds of the judges in active service.

Frequently Asked Questions

Will immigration courts still be part of the Department of Justice?

No. The bill explicitly states that the new Immigration Courts will be independent of the executive branch.

How long will immigration judges serve?

Both appellate and trial immigration judges will serve 15-year terms and are eligible for reappointment.

Who appoints the judges?

Appellate judges are appointed by the President with Senate confirmation, while trial judges are appointed by the appellate division of the court.

What else do you want to know?

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Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

2 actions

Mar 5, 2026HouseCommittee
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.
Mar 5, 2026HouseIntroduced
Introduced in House

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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