Lofgren Leads Bill to Create Independent Immigration Court System

WASHINGTON, DC - Yesterday, Congresswoman Zoe Lofgren (CA-18) introduced the Real Courts, Rule of Law Act of 2026 along with Judiciary Committee Ranking Member Jamie Raskin (MD-08), Courts Subcommittee Ranking Member Hank Johnson (GA-04), and Congressman Dan Goldman (NY-10). The legislation would transition the nation's immigration court system into an independent judiciary. Currently, immigration judges are appointed by the Attorney General. As employees of the Department of Justice, immigration judges may be directed to adjudicate cases based on the policies and priorities of the governing administration.

"Our immigration court system simply cannot be effective or impartial as long as it remains under the Department of Justice and the executive branch," said Rep. Zoe Lofgren, former Chair of the House Subcommittee on Immigration and Citizenship. "The cases that these courts are hearing have life-altering consequences, and we need to do everything to ensure that the system is independent of whichever Administration is in power at the time, Democratic or Republican. This is landmark legislation that will create a new immigration court system defined by transparency and integrity."

"The Real Courts, Rule of Law Act takes a major step toward ensuring that our immigration courts operate with the judicial independence necessary for fair and impartial decision-making that is free from political pressure," said Judiciary Committee Ranking Member Jamie Raskin. "Today, the system is drowning in millions of backlogged cases awaiting adjudication. As the Trump Administration intensifies pressure to accelerate immigration enforcement, that backlog will only grow, further burdening a system long denied the independence and resources it needs. Congress must act to safeguard due process by establishing an independent immigration court system-one that empowers judges to operate efficiently and rule impartially in cases with profound humanitarian stakes."

"Our immigration courts are suffering from an overwhelming backlog that's approaching four million cases and overt politization," said Courts Subcommittee Ranking Member Hank Johnson. "The Real Courts, Rule of Law Act of 2026 would help create an independent immigration court system that would ensure our immigration judges are no longer subject to the whims of any particular administration and provide the resources it needs to address the growing caseload. I'm proud to join Rep. Lofgren in introducing this commonsense proposal."

"The Trump Administration has weaponized our immigration system for its own political ends and taken a sledgehammer to the concept of judicial independence and due process - a hallmark of our democracy," said Rep. Dan Goldman. "This legislation will protect both immigration judges who rule on matters of life or death and immigrants pursuing lawful pathways from the whims of an increasingly radical president who continues to target immigrants with masked, secret police roaming the hallways outside courtrooms across the country. The Real Courts, Rule of Law Act would ensure decisions are made fairly and impartially. We must pass it immediately."

Click here for a one-page explanation of The Real Courts, Rule of Law Act.

Click here for a section-by-section summary of The Real Courts, Rule of Law Act.

Click here for full text of The Real Courts, Rule of Law Act.

The Real Courts, Rule of Law Act of 2026 is supported by the American Bar Association (ABA), Federal Bar Association (FBA), National Association of Immigration Judges (NAIJ), and American Immigration Lawyers Association (AILA).

"The American Bar Association strongly supports judicial independence. The creation of an independent Article I immigration court system would aid in that goal. Every judge must be free to decide cases on the facts and the law and not be influenced by the priorities of other branches of government," said American Bar Association President Michelle A. Behnke.

"Having collaborated over the course of many years with other prominent legal associations to develop this solution, the Federal Bar Association commends Chair Lofgren and her colleagues for introducing legislation that would improve access to justice and due process for individuals appearing before immigration judges. The Constitution gives Congress the ability to create new federal courts, and with a current backlog of approximately 3.6 million cases, it is clear to our members that it is long past time to fix an ineffective system," said Stacy King, CEO of the Federal Bar Association.

"The National Association of Immigration Judges (NAIJ) supports Congresswoman Zoe Lofgren's Real Courts, Rule of Law Act, establishing an independent immigration court," said Jeremiah Johnson, Executive Vice President of the National Association of Immigration Judges Executive Vice President. "An Article I court protects judicial independence, shields decision-making from political pressure, strengthens public trust, and ensures that every case is decided fairly and impartially under the rule of law, not based on political preferences. It is time to stabilize the Rule of Law in an unstable and ever-changing immigration system. Now is the time to secure the integrity of our legal immigration system. The stakes are too high to ignore. We need Real Courts and Real Law."

"Four years after the Real Courts, Rule of Law Act was first introduced, it is even more urgent for Congress to restore integrity, independence, and fairness to America's immigration court system. Controlled by a Department of Justice that itself operates completely at the behest of the President, the immigration courts have been stripped of the ability to deliver fair and just outcomes that comply with the law. Life-and-death decisions are now vulnerable to political interference as scores of judges have been fired without cause and the remaining judges are subject to quotas and intense scrutiny. The solution is the creation of an independent Article I court that is no longer under the thumb of the Attorney General and can deliver impartial decisions, free from partisan influence, and worthy of the public's trust," said AILA Executive Director Ben Johnson.

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