Why Should Immigration Judges Have Less Independence Than Other Judges?

As your constituent, I urge you to co-sponsor and support the Real Courts, Rule of Law Act of 2026. The House bill is H.R. 7836, and companion legislation has been introduced in the Senate. The legislation would remove the immigration court system from the Department of Justice and establish an independent Article I immigration court, protecting judicial decisions from prosecutorial control and political interference. IMMIGRATION COURTS SHOULD BE INDEPENDENT Immigration judges make life-changing decisions. Their rulings can separate families, determine whether people may remain in the United States, or return asylum applicants to places where they may face persecution or death. Yet immigration judges work within the Department of Justice and ultimately answer to the Attorney General, who leads the department responsible for enforcing immigration law. The same executive branch that prosecutes immigration cases therefore controls the court system that decides many of them. POLITICAL CONTROL UNDERMINES TRUST The Department of Justice can change court policies, reassign judges, alter precedent, and remove judges. Even when individual judges act fairly, this structure weakens public confidence that cases are decided independently and free from political pressure. The courts also face severe backlogs, frequent policy changes, and the loss of experienced judges. These disruptions delay decisions, increase training and administrative costs, and leave families, employers, victims, and government agencies waiting longer for answers. THE BILL WOULD CREATE AN INDEPENDENT ARTICLE I COURT The Real Courts, Rule of Law Act would remove the immigration court system from the Department of Justice and establish it as an independent Article I court system, similar to other specialized federal courts created by Congress. The bill would create trial, appellate, and administrative divisions; establish qualifications for impartial judges; and give the new court authority over its budget, personnel, docket, procedures, and published precedents. Independence would not erase the backlog overnight. It would, however, create a more stable and credible system for applying immigration law fairly, consistently, and efficiently. INDEPENDENT COURTS SERVE EVERYONE Americans may disagree sharply about immigration policy, but court cases should be decided by neutral judges applying the law and facts, not by judges who ultimately report to the department responsible for enforcement. I urge you to: (1) CO-SPONSOR - Add your name as a co-sponsor of the Real Courts, Rule of Law Act of 2026. (2) ADVANCE THE BILL - Support hearings, committee consideration, and prompt floor action. (3) VOTE FOR PASSAGE - Support final passage and encourage bipartisan backing for an independent, fair, and efficient immigration judiciary. Thank you.