Real Courts, Rule of Law Act of 2026

Summary

Creates a statutory United States Immigration Courts inside the Immigration and Nationality Act, moves most functions, staff, records, and funds of the Executive Office for Immigration Review into that new court structure, and sets rules for hiring, budgeting, reporting, and a four-year transition from the current system. The bill preserves existing case precedent and ongoing proceedings while giving the new courts authority over staffing (including some hiring outside standard federal competitive service rules), direct budgeting and spending authority, annual public reporting requirements, and staggered judicial appointments to ensure continuity.

Key Points

• Creates a statutory United States Immigration Courts within the Immigration and Nationality Act and transfers most EOIR responsibilities to it.
• Authorizes court hiring outside normal federal competitive service rules while preserving veteran preference and allowing experts/consultants.
• Gives Immigration Courts authority to prepare a budget for inclusion in the President's budget and to receive and spend appropriated funds with certifying controls.
• Imposes annual public reporting requirements on workload, demographics, representation, outcomes, pending caseloads, and wait times.
• Establishes a four-year transition with interim judicial appointments to preserve hearings, pending cases, and legal precedent during the change.
• Requires a Judicial Conference review of immigration court decisions at least every four years and reporting to Congress.
• Preserves the Office of the Chief Administrative Hearing Officer at DOJ and allows the Attorney General to manage functions not suited for transfer.
• Makes widespread technical and conforming edits across immigration law to reflect the new court structure and authorities.

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