Real Courts, Rule of Law Act of 2026

Independence from the Executive Branch: The Immigration Courts would be independent of the executive branch of the United States Government, rather than being an agency of it (Section 2(a)(1)).

Standardized Judge Qualifications: The bill requires immigration judges to have specific qualifications, including at least 10 years of legal experience in a Federal court or a State's highest court, a reputation for integrity, and a commitment to equal justice (Section 602(a)).

Enhanced Representation Rights: Individuals in proceedings have the privilege of being represented by counsel of their choosing at no expense to the Federal Government (Section 623(a)).

Access to Qualified Interpreters: The bill mandates the establishment of a program to ensure the use of qualified interpreters in proceedings (Section 623(b)).

Legal Orientation Support: The courts are required to maintain a legal orientation program to explain procedures and provide basic legal information to individuals (Section 623(c)).

Protection of Confidential Information: The bill requires the preservation of confidentiality for matters involving national security, asylum, and claims under the Violence Against Women Act (Section 624(b)(2)).

Procedures for Financial Hardship: The bill requires that rules for collecting court fees include procedures for waivers in cases of financial hardship (Section 622(c)(2)).

Potential for Temporary Resource Changes: The appellate division has the authority to appoint temporary immigration trial judges and establish temporary court facilities if resources are deemed insufficient (Section 603(a)).

Mandatory Retirement Age: All immigration judges are required to retire upon reaching 80 years of age (Section 602(g)(1)).

Restrictions on Judicial Practice: Immigration judges are prohibited from engaging in the practice of law or any other occupation that is inconsistent with their duties (Section 602(e)(3)).