On March 6, Representatives Zoe Lofgren (CA-18), Jamie Raskin (MD-08) and Hank Johnson (GA-04) unveiled the Real Courts, Rule of Law Act of 2026, legislation that would remove the nation’s 650 immigration judges from the Department of Justice and re-establish them as judges of an independent Article I court. Supporters say the move is needed to safeguard due-process rights amid a backlog approaching four million cases and growing allegations of political interference in docket management.
Under the bill, the new court would have a trial division, appellate division and administrative office, with judges appointed for renewable 15-year terms and protected from arbitrary reassignment. Funding would be set on a multi-year cycle to insulate operations from executive-branch budget wrangling, and modern case-management technology would be mandated to speed adjudication.
![House Democrats re-introduce ‘Real Courts, Rule of Law Act’ to create independent immigration judiciary]()
In the meantime, travelers, foreign nationals and employers who still need to move people across borders can turn to VisaHQ for practical assistance. The company’s U.S. platform (https://www.visahq.com/united-states/) centralizes visa requirements, offers digital applications and provides expert document review, giving users a measure of predictability and efficiency while larger systemic reforms remain pending.
For business-immigration stakeholders, an Article I court could yield more predictable scheduling of merits hearings and clearer precedents on issues such as specialized knowledge, wage levels and non-immigrant intent. However, transition costs and the need to draft entirely new procedural rules mean any changeover would take years, so immediate relief for employers facing removal-order risks is unlikely.
The American Bar Association, Federal Bar Association and National Association of Immigration Judges issued endorsements within hours of the bill’s release, but its fate in a divided Congress is uncertain. While some Republican lawmakers have previously backed independence in principle, they now argue that an Article I court could hamper rapid enforcement directives from the executive branch. Hearings are expected in the House Judiciary Committee later this spring.
Under the bill, the new court would have a trial division, appellate division and administrative office, with judges appointed for renewable 15-year terms and protected from arbitrary reassignment. Funding would be set on a multi-year cycle to insulate operations from executive-branch budget wrangling, and modern case-management technology would be mandated to speed adjudication.
In the meantime, travelers, foreign nationals and employers who still need to move people across borders can turn to VisaHQ for practical assistance. The company’s U.S. platform (https://www.visahq.com/united-states/) centralizes visa requirements, offers digital applications and provides expert document review, giving users a measure of predictability and efficiency while larger systemic reforms remain pending.
For business-immigration stakeholders, an Article I court could yield more predictable scheduling of merits hearings and clearer precedents on issues such as specialized knowledge, wage levels and non-immigrant intent. However, transition costs and the need to draft entirely new procedural rules mean any changeover would take years, so immediate relief for employers facing removal-order risks is unlikely.
The American Bar Association, Federal Bar Association and National Association of Immigration Judges issued endorsements within hours of the bill’s release, but its fate in a divided Congress is uncertain. While some Republican lawmakers have previously backed independence in principle, they now argue that an Article I court could hamper rapid enforcement directives from the executive branch. Hearings are expected in the House Judiciary Committee later this spring.
