HR6497-119

What This Bill Does

The Temporary Immigration Judge Integrity Act creates a structured pool of temporary immigration judges while declaring that temporary judges should not replace permanent immigration judges. The bill authorizes the Attorney General to appoint temporary immigration judges for renewable terms of up to six months from five categories: former Board of Immigration Appeals members or appellate immigration judges, former immigration judges, administrative law judges employed by or retired from EOIR, administrative law judges at other federal agencies with at least ten years of post-bar immigration-law experience and agency-head consent, and DOJ attorneys with at least ten years of post-bar immigration-law experience. Temporary immigration judges have the same authority as immigration judges to adjudicate assigned cases and administer immigration court matters. The Attorney General, Chief Immigration Judge, and Regional Chief Immigration Judges must create management and training procedures for case assignment, performance oversight, work-product evaluation, at least eight weeks of initial training, and one day of ongoing training every two weeks. Recent former immigration judges, appellate immigration judges, or BIA members can be exempt from training if service begins within two years of their last service. Temporary judges can serve up to four consecutive six-month terms and cannot be reappointed to the temporary role for at least three years after reaching the two-year limit.

Who Benefits and How

EOIR immigration courts benefit from a defined temporary adjudicator pool that can add capacity without treating temporary judges as a permanent substitute. Immigration court litigants can benefit if added adjudicative capacity reduces delays, though outcomes still depend on case facts and judicial quality. Experienced former immigration judges, BIA members, administrative law judges, and DOJ immigration-law attorneys benefit from eligibility for temporary appointments. The Chief Immigration Judge and Regional Chief Immigration Judges benefit from statutory instructions for training, evaluation, and oversight.

Who Bears the Burden and How

Justice Department immigration court managers must recruit, appoint, train, assign, evaluate, and supervise temporary judges. Temporary immigration judges must complete eight weeks of training unless exempt and continue one day of training every two weeks. Federal agencies that employ administrative law judges may need to decide whether to consent to outside temporary service. Immigration court litigants face adjudication by temporary judges rather than only permanent judges. Federal taxpayers fund appointment, training, management, and oversight costs.

Key Provisions

• Authorizes renewable six-month temporary immigration judge appointments from specified experienced legal categories.
• Provides temporary judges the same authority as immigration judges for assigned cases and immigration court matters.
• Requires management procedures for caseload assignment, performance oversight, and work-product evaluation.
• Requires eight weeks of initial training and recurring two-week training unless a recent former immigration adjudicator exemption applies.
• Limits temporary service to four consecutive six-month terms and imposes a three-year waiting period after the two-year cap.