House Judiciary Committee Passes Lofgren's Legislation to Reform the U.S. Immigration Court System

Press Release

Today, U.S. Congresswoman Zoe Lofgren (CA-19), Chair of the House Subcommittee on Immigration and Citizenship, issued the below statement on the House Judiciary Committee's passage of H.R. 6577, The Real Courts, Rule of Law Act of 2022, which will transition the nation's immigration court system into an independent judiciary consistent with Article I of the U.S. Constitution:

"Decades of bureaucratic and political meddling by administrations of both parties have undermined and eroded public trust in the immigration court system. Currently, the system is neither fair nor orderly.

"The structural overhaul of the system that the House Judiciary Committee moved forward focuses on transparency, efficiency, and integrity, thereby strengthening due process. The full House and Senate should now follow the Committee's lead and pass the Real Courts, Rule of Law Act to take politics out of the immigration courts system once and for all."

Background & Bill Details
Our nation's immigration court system is currently an office within the Department of Justice -- known as the Executive Office for Immigration Review -- that lacks procedural and structural safeguards to protect it against political influence. Immigration judges are not judicial officers -- they are lawyers, appointed by the nation's top prosecutor, the Attorney General. As employees of the Department of Justice, immigration judges are charged with adjudicating cases in accordance with the policies and priorities of the governing administration. Each Administration -- Democratic and Republican -- has used the immigration courts as a mechanism to shape immigration policy.

The Judiciary Committee-passed Real Courts, Rule of Law Act of 2022 will ensure that the immigration courts are administered by qualified, impartial judges; have adequate court resources and support services; are defined by transparency and integrity; and are financially independent.

Specifically, the bill will:

- Establish an independent immigration court -- similar to the U.S. Tax Court -- consistent with Article I of the United States Constitution. The newly-formed United States Immigration Court will be comprised of a trial division, an appellate division, and an administrative division.
- Ensure that qualified, impartial individuals are appointed to serve as immigration judges at both the trial and appellate levels.
- Ensure that the United States Immigration Court has adequate resources and support to operate efficiently while giving the Court authority to appoint temporary immigration judges and establish temporary court facilities to ensure the expeditious administration of justice.
- Improve transparency and accountability in Immigration Court proceedings by requiring publication of all court rules and procedures, as well as precedent decisions and pleadings while protecting confidential information.
- Improve efficiencies by allowing the Immigration Court to establish its own budget without review by the Executive Branch and empowering immigration judges to control their own dockets and compel agency action that is unlawfully withheld or unreasonably delayed.
- Strengthen the integrity of immigration court proceedings by giving immigration judges authority to impose civil money penalties for contempt of court.
- Ensure due process by preserving the privilege of counsel, ensuring quality interpreter services, and mandating legal orientation programs for individuals appearing before the Court.

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