Real Courts, Rule of Law Act of 2026
Latest action (22 Jul 2026): Introduced
What this bill does
This bill would create the United States Immigration Courts as a new Article I court system, separate from the executive branch and thus independent of the Department of Justice, which currently houses immigration judges. It would establish an appellate division of 21 presidentially appointed, Senate-confirmed judges serving 15-year terms, a trial division of immigration trial judges also appointed for 15-year terms, and an administrative division to oversee court operations, set the number and locations of trial courts, and run a merit-selection process for judicial candidates. The bill sets qualifications, salary levels (tied to federal district judge pay), removal procedures based on specific grounds with notice and a hearing, mandatory retirement at age 80, and a retirement-pay system for judges.
The change would primarily affect immigration judges, who would gain more independence, fixed terms, and job protections similar to other federal judges, as well as the Department of Justice and Department of Homeland Security, whose current roles in overseeing and appearing before immigration judges would shift to accommodate the new independent court structure. Immigrants and others with cases in immigration court could also be affected by changes to how their cases are assigned, heard, and reviewed under the new system.
The bill was introduced in the Senate on July 22, 2026, by Senator Kirsten Gillibrand along with several cosponsors, and has been referred to the Senate Judiciary Committee. As an introduced bill, it would need committee consideration, floor votes in both chambers, and the President's signature before becoming law; no further action has yet occurred.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill is in the first stage of the legislative process. It was introduced into Congress on July 22, 2026. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.
Common questions
- What does S. 5094 do?
- This bill would create the United States Immigration Courts as a new Article I court system, separate from the executive branch and thus independent of the Department of Justice, which currently houses immigration judges. It would establish an appellate division of 21 presidentially appointed, Senate-confirmed judges serving 15-year terms, a trial division of immigration trial judges also appointed for 15-year terms, and an administrative division to oversee court operations, set the number and locations of trial courts, and run a merit-selection process for judicial candidates. The bill sets qualifications, salary levels (tied to federal district judge pay), removal procedures based on specific grounds with notice and a hearing, mandatory retirement at age 80, and a retirement-pay system for judges. The change would primarily affect immigration judges, who would gain more independence, fixed terms, and job protections similar to other federal judges, as well as the Department of Justice and Department of Homeland Security, whose current roles in overseeing and appearing before immigration judges would shift to accommodate the new independent court structure. Immigrants and others with cases in immigration court could also be affected by changes to how their cases are assigned, heard, and reviewed under the new system. The bill was introduced in the Senate on July 22, 2026, by Senator Kirsten Gillibrand along with several cosponsors, and has been referred to the Senate Judiciary Committee. As an introduced bill, it would need committee consideration, floor votes in both chambers, and the President's signature before becoming law; no further action has yet occurred.
- Has S. 5094 become law?
- Not yet. As of 22 Jul 2026, S. 5094 is introduced.
- Who sponsored S. 5094?
- S. 5094 was sponsored by Sen. Kirsten Gillibrand [D-NY] (Democrat-NY), with 10 cosponsors.
- What's the latest action on S. 5094?
- Introduced (22 Jul 2026).
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