Real Courts, Rule of Law Act of 2026

Judicial Independence: The bill establishes that the Immigration Courts shall not be an agency of, and shall be independent of, the executive branch of the Government (Section 2(a)(1)).

Standardized Judge Qualifications: Judges must be members of the bar for at least 10 years and possess a reputation for integrity, good character, and a commitment to equal justice (Section 602(a)).

Protection Against Political Bias: The act directs that candidates for immigration judges be selected without regard to political party affiliation or perceived political ideology (Section 602(b)(3)).

Diverse Candidate Identification: The President and appellate division are tasked with ensuring qualified candidates are identified without regard to race, color, sex, religion, or other protected factors (Section 602(b)(1)).

Support for Indigent Individuals: The administrative council is required to evaluate the availability of legal services for indigent and non-English speaking individuals when determining court locations (Section 2(a)(3)(B)(i)(II)).

Access to Representation: The bill preserves the privilege of being represented by counsel of a person's choosing at no expense to the Government (Section s 623(a)).

Provision of Interpreters: The courts are required to establish a program to ensure the use of qualified interpreters in proceedings (Section 623(b)).

Clear Legal Information: The courts must maintain a legal orientation program to explain procedures and provide basic legal information to individuals (Section 623(c)).

Fee Waivers: Rules for court fees must include procedures to allow for waivers in cases of financial hardship (Section 622(c)(2)).

Terms of Service and Appointment: Immigration appeals judges and trial judges are appointed for 15-year terms, which may impact the continuity of specific judicial philosophies over time (Section 2(b)(2) and Section 2(c)(2)).

Potential for Temporary Disruptions: The appellate division has the authority to appoint temporary trial judges and establish temporary facilities based on specific and credible facts (Section 603(a)).

Financial Burdens for Fees: While waivers are mentioned, the appellate division is authorized to prescribe rules for the collection of reasonable filing fees and other fees (Section 622(c)(1)).

Mandatory Removal for Certain Actions: An immigration judge may be removed from office for specific causes such as misconduct or neglect of duty (Section 602(f)(1)).