What does Preamble of HR 7836 do?

This bill proposes to establish a court of record known as the United States Immigration Courts. The court would be established under Article I of the United States Constitution.

What does SHORT TITLE; TABLE OF CONTENTS. of HR 7836 do?

This bill is formally titled the Real Courts, Rule of Law Act of 2026.

What does Establishment and structure of the United States Immigration of HR 7836 do?

This section concerns the establishment and structure of the United States Immigration Courts.

What does ESTABLISHMENT AND STRUCTURE OF THE UNITED STATES IMMIGRATION of HR 7836 do?

This section amends the Immigration and Nationality Act to establish the United States Immigration Courts. The Immigration Courts will consist of an appellate division, a trial division, and an administrative division. The appellate division will be composed of 21 immigration appeals judges, with one serving as chief judge. Immigration appeals judges are appointed by the President with Senate advice and consent for terms of up to 15 years. The principal office of the Immigration Courts will be in the Washington, DC, metropolitan area. The appellate division will exercise its authority en banc in non-adjudicative matters, such as appointing judges and establishing policies. The trial division will be composed of immigration trial courts, the number and location of which will be determined by an administrative council.

What does EMPLOYEES. of HR 7836 do?

This section outlines the appointment and compensation of employees within the Immigration Courts. The chief judge may appoint a clerk of the court, setting their duties without adhering to standard competitive service appointment rules. Immigration judges can appoint law clerks and secretaries, subject to approval from the appellate division, also bypassing competitive service rules. The clerk of the court and the chief administrative officer can appoint deputies and employees, again with appellate division approval and exemption from competitive service rules. The appellate division has the authority to determine and adjust salaries for court employees, disregarding certain provisions of Title 5, United States Code, while aiming for comparability with judicial branch employees. Preference is given to preference-eligible individuals when making appointments, among equally qualified candidates. The Immigration Courts can engage experts and consultants according to section 3109 of Title 5, United States Code.

What does BUDGET AND EXPENDITURES. of HR 7836 do?

This section establishes the budget process for Immigration Courts. The Immigration Courts are responsible for establishing their own budget each fiscal year, without executive branch review or modification. The Immigration Courts' budget will be included in the President's submitted budget. The Courts can expend funds on personal services, rent, law books, and other necessary items to efficiently execute their functions. The Courts can receive and expend appropriated funds directly or through transfers to various entities for administrative support. Permissible transfers include the Administrative Office of the United States Courts, other Article I courts, or executive agencies. Expenditures require itemized vouchers signed by a designated certifying officer.

What does ANNUAL REPORT. of HR 7836 do?

This section mandates an annual report on the workload of Immigration Courts. The chief judge must submit the report to the House and Senate Judiciary Committees by April 1 each year. The report must include demographic information about respondents, such as age, gender, and nationality, as well as representation rates by counsel. Report contents must detail outcomes of removal proceedings, including grant rates for immigration relief, broken down by geographical area and judge. Bond hearing outcomes, also disaggregated by area and judge, are required in the report. The report must also include the number of pending cases and the change from the previous fiscal year. The average wait time for cases to be heard, by geographical area, must be included. The report may include any additional information requested by the Judiciary Committees, provided the requests are timely and reasonable.

What does APPLICATION DATE; TRANSITIONAL PROVISIONS. of HR 7836 do?

This section establishes the application date for Immigration Courts to exercise new functions under the Act and its amendments. The application date is determined by either the first full fiscal year after enactment (if 180 days or more) or the second full fiscal year after enactment (if less than 180 days), contingent on the appointment of at least three immigration appeals judges. A four-year transition period begins on the application date. Immigration judges serving before the application date become interim immigration trial judges with the authority to exercise all powers of an immigration trial judge. Interim immigration trial judges serve until their successor is appointed or for a maximum of five years. Service as an interim immigration trial judge counts towards service credit, retirement eligibility, and disability. The first 21 immigration appeals judges appointed have staggered term lengths of 5, 10, and 15 years after the application date. The appellate division must establish procedures for appointing immigration trial judges within 180 days before the transition period ends. Individuals appointed to fill immigration trial judge vacancies during the transition period serve until the transition period ends and a successor is appointed, but no more than one year after the transition period's end. Prior service as a member of the Board of Immigration Appeals, an immigration judge, or an administrative law judge may be credited towards an immigration judge's years of service, up to a maximum of five years.

What does INSTITUTIONAL TRANSFER; CONTINUITY OF PROCEEDINGS. of HR 7836 do?

This section addresses the transfer of functions from the Executive Office for Immigration Review (EOIR) to the Immigration Courts. Precedential decisions and rules issued before the application date of this Act by the Attorney General or the Board of Immigration Appeals continue to serve as precedent unless explicitly overruled by Immigration Courts. Most functions of the EOIR are transferred to the Immigration Courts on the application date of this Act. The Office of the Chief Administrative Hearing Officer (OCAHO) and related EOIR functions remain within the Department of Justice. Other EOIR functions not necessary for transfer will be reassigned or dissolved at the Attorney General's discretion. Personnel, assets, liabilities, contracts, property, records, and funds associated with the transferred functions are also transferred to the Immigration Courts. Transferred funds must be used for their originally authorized purposes. The enactment of this Act does not affect pending cases under the Immigration and Nationality Act. All pending proceedings under the Immigration and Nationality Act before the Board of Immigration Appeals or an immigration judge are transferred to the Immigration Courts.

What does REVIEW BY THE JUDICIAL CONFERENCE; CONSULTATION REQUIREMENTS. of HR 7836 do?

The Judicial Conference of the United States is required to review adjudications in U.S. Immigration Courts. This review must occur at least once every four years as part of a broader survey of court business. The Judicial Conference will submit a report of its findings to the appellate division and both the House and Senate Judiciary Committees. The Congressional Record will publish the report.

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Real Courts, Rule of Law Act of 2026 — HR. 7836

Last updated: 3/5/2026 · Introduced: 3/5/2026

Author: Zoe Lofgren (D-CA)

TL;DR (AI)

This bill establishes the United States Immigration Courts as a separate Article I court, distinct from the Executive Office for Immigration Review.
The Immigration Courts will have a three-part structure: an appellate division with 21 immigration appeals judges, a trial division composed of immigration trial courts, and an administrative division.
The Immigration Courts will have independent authority to create their own budget, free from executive branch review or modification.
The Courts are required to submit an annual report to Congress detailing workload statistics, including demographic information, case outcomes, and wait times.
The bill transfers most functions of the Executive Office for Immigration Review (EOIR) to the Immigration Courts, while amending the Immigration and Nationality Act to reflect this shift and clarify procedural rights for individuals in removal proceedings.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title; table of contents., and 9 more.

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