H.R. 7836: Real Courts, Rule of Law Act of 2026
Sponsor
Zoe Lofgren
Democrat · CA-18
Immigration judges stop answering to the attorney general
Why it matters
21 immigration appeals judges would launch a new court system outside the Justice Department. If your deportation or asylum case depends on an immigration judge, H.R. 7836 changes who runs that courtroom.
H.R. 7836 would move immigration judges out of the Justice Department and into a new Article I court, so the attorney general would no longer control the court system hearing deportation and asylum cases.
The bill starts with an appellate division of 21 immigration appeals judges, with staggered opening terms of 5, 10, and 15 years. The new courts would set their own budget without executive-branch revision, and that budget would still have to be included in the president's budget submission.
It also forces more public accounting. Each year, the chief judge would have to report to Congress on pending caseloads, average wait times, lawyer representation rates, bond outcomes, and relief grant rates, broken down by geography and in some cases by judge.
If the bill becomes law, your pending immigration case would transfer into the new court system without losing your existing rights or starting over. Existing precedents from the Board of Immigration Appeals and attorney general decisions would stay in place at first unless the new courts change them.
The switchover would not happen overnight. The new courts could start on the first eligible fiscal-year date after enactment only once at least 3 appeals judges are appointed, and current immigration judges would keep serving as interim judges during a 4-year transition.
Bill Progress
Latest Action · Mar 5, 2026
Referred to the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. for review
H.R. 7836 Bill Summary
What H.R. 7836 actually does.
Immigration courts become independent
H.R. 7836 creates United States Immigration Courts as a standalone Article I court rather than leaving immigration judges inside the Justice Department.
A new appeals bench starts with 21 judges
The bill establishes an appellate division beginning with 21 immigration appeals judges, using staggered initial terms of 5, 10, and 15 years.
The court sets its own budget
The new court system would prepare its own annual budget without executive-branch review or modification, though it would still be included in the president's budget submission.
Congress gets yearly data on delays and outcomes
Annual reports would have to include pending caseloads, average wait times, representation rates, bond outcomes, and relief outcomes, with breakdowns by geography and other categories.
Pending cases carry over
Existing immigration proceedings would continue in the new court system without losing jurisdiction or the parties' existing rights.
Current judges stay on during a 4-year transition
Immigration judges already serving in EOIR would become interim trial judges and could continue during the transition, generally for up to 5 years or until successors are appointed.
Who benefits from H.R. 7836?
People in deportation and asylum cases
If your future in the U.S. depends on an immigration judge, your case would be heard in a court system no longer supervised by the attorney general.
Immigration lawyers and legal aid groups
The bill requires yearly public reporting on wait times, representation rates, and outcomes, giving advocates more data to spot disparities across courts and judges.
Current immigration judges
Judges would move toward a court structure with its own leadership, staffing, and budget, and current EOIR judges could remain in place as interim judges during the transition.
Researchers and congressional overseers
They would get recurring courtwide data on pending cases, bond decisions, and relief grant rates instead of relying on patchier disclosures.
Who is affected by H.R. 7836?
The Justice Department and attorney general
They would lose direct control over the immigration court system, including budget review and institutional supervision of judges handling removal cases.
The White House and future administrations
Presidents would still appoint appeals judges, but day-to-day control over immigration adjudication would shift away from the executive branch after the transition.
People with pending immigration cases
Their cases would move into the new court system if H.R. 7836 takes effect, though the bill says those proceedings continue without loss of rights.
Court administrators and staff
They would have to stand up a new court structure, staffing system, and reporting pipeline while handling a multiyear transition.
HR7836 Legislative Journey
House: Committee Action
Mar 5, 2026
Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
About the Sponsor
Zoe Lofgren
Democrat, California's 18th congressional district · 31 years in Congress
Committees: Science, Space, and Technology, the Judiciary
View full profile →
Cosponsors (9)
All 9 cosponsors are Democrats. Cosponsors represent 8 states: Georgia, Indiana, Massachusetts, and 5 more.
Committee Sponsors
Budget Committee
0 of 37 committee members cosponsored
No committee members have cosponsored this bill
Judiciary Committee
3 of 44 committee members cosponsored
30 Democrats across these committees haven't cosponsored yet. Mobilize their constituents
H.R. 7836 Quick Facts
- Committee
- Budget
- Chamber
- House
- Policy
- Immigration
- Introduced
- Mar 5, 2026
Referred to the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. for review
Mar 5, 2026
H.R. 7836 Common Questions
What does H.R. 7836 actually change?
It moves immigration courts out of the Justice Department and creates a standalone Article I court system, so immigration judges would no longer answer to the attorney general.
Would this affect pending immigration cases?
Yes. Pending cases would transfer into the new court system, and the bill says they continue without losing jurisdiction or the parties' existing rights.
How many appeals judges would the new court start with?
H.R. 7836 starts the appellate division with 21 immigration appeals judges. Their first terms would be staggered at 5, 10, and 15 years.
When would the new immigration courts take over?
Not immediately. The new system could start on the first eligible fiscal-year date after enactment, but only once at least 3 appeals judges have been appointed.
Do current immigration judges stay on?
Yes. Current EOIR immigration judges would become interim trial judges during the transition, generally for up to 5 years or until successors are appointed.
Would the attorney general still control the court budget?
No. The bill says the new Immigration Courts would set their own budget without executive-branch review, and that budget must still be included in the president's submission.
What data would immigration courts have to report each year?
They would report pending caseloads, wait times, representation rates, bond outcomes, and relief outcomes, with breakdowns by geography and other categories.
Would old immigration precedents stay in place?
Right now, yes under the bill. Existing Board of Immigration Appeals and attorney general precedents would remain until the new court changes them.
Based on H.R. 7836 bill text
H.R. 7836 Bill Text
“To establish, under article I of the Constitution of the United States, a court of record to be known as the United States Immigration Courts.”
Source: U.S. Government Publishing Office
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