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S. 5071IntroducedSenate · nowHousePresidentLawIn committee
Sec. 502 · S. 5071

Immigration court improvements

Title V — Appointment of child advocates and improvements to immigration courts

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(a) Hiring of immigration judges (1) In general To adjudicate pending cases and efficiently process future cases, the Attorney General shall increase the total number of immigration judges by not fewer than 75 judges during fiscal year 2026. (2) Qualifications The Attorney General shall ensure that each immigration judge hired under this subsection— (A) is highly qualified; (B) has substantial experience in the field of immigration law; and (C) is trained to conduct fair and impartial hearings in accordance with applicable due process requirements. (3) No preference for candidates with prior service in the Federal Government In selecting immigration judges under this subsection, the Attorney General may not assign any preference to a candidate who has prior service in the Federal Government over a candidate who has equivalent subject matter expertise based on experience in a nonprofit organization, private practice, or academia, but does not have previous Federal service. (b) Immigration court staff During fiscal year 2026, the Attorney General shall— (1) increase the total number of judicial law clerks at the Executive Office for Immigration Review by 75; and (2) increase the total number of support staff for immigration judges, including legal assistants and interpreters, by 300. (c) Support staff; other resources The Attorney General shall ensure that the Executive Office for Immigration Review has sufficient support staff, adequate technological and security resources, and appropriate facilities to conduct the immigration proceedings required under Federal law. (d) Limitation Amounts appropriated for the Executive Office for Immigration Review or for any other division, activity, or function of the Department of Justice may not be used to implement numeric case load judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts. (e) Docket management for resource conservation Notwithstanding any opposition from the Secretary of Homeland Security or the Attorney General, immigration judges shall administratively close or terminate cases, and the Board of Immigration Appeals shall remand cases for administrative closure, if an individual in removal proceedings— (1) appears to be prima facie eligible for a visa or any other immigration benefit; and (2) has a pending application for such benefit before U.S. Citizenship and Immigration Services or any other applicable Federal agency. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section.

Sec. 502: Immigration court improvements · Public Law Tracker