Immigration

The Real Courts, Rule of Law Act of 2026 restructures the United States immigration court system by creating a new, independent judicial branch under Article I of the Constitution, separate from the executive branch. This new system consists of three divisions: an appellate division with judges appointed by the President and Senate for 15-year terms, a trial division with judges appointed by the appellate division for 15-year terms, and an administrative division that manages operations and advises on court needs. The bill establishes specific qualifications for judges, sets their salaries at levels comparable to federal district court judges, and defines their powers to conduct hearings, issue rulings, and manage court resources. Additionally, the legislation transfers all existing immigration functions from the Department of Justice to this new court system while ensuring that pending cases continue without interruption.

This bill requires U.S. Immigration and Customs Enforcement to limit the use of short-term holding facilities to a maximum of 12 hours for detainees, unless specific exceptional circumstances like medical emergencies or natural disasters occur. To enforce this rule, the Department of Homeland Security must ensure facilities remain safe and provide meals every six hours, along with constant access to water and appropriate food for vulnerable individuals such as minors and pregnant women. The legislation also mandates that officials document any instances where a detainee is held longer than 12 hours and submit annual reports to Congress detailing the number of such cases, their duration, and the reasons given for the extended custody. Additionally, the Department's Inspector General will conduct periodic audits to verify compliance with these new standards.

HR 7346, the Drain ICE Act of 2026, repeals specific funding provisions (sections 90003 and 100052) from the "One Big Beautiful Bill Act" and cancels all unspent funds allocated under those sections. This bill directly affects ICE’s detention budget by removing existing financial authority for detention operations. It does not change immigration enforcement practices or directly impact individuals; it solely modifies budgetary allocations. The bill focuses on eliminating funding mechanisms, not on policy changes for migrants or enforcement. (Procedural bill; summary limited to 2 sentences as specified.)

This bill imposes a hiring freeze on U.S. Immigration and Customs Enforcement (ICE), prohibiting the use of federal funds to hire new employees or transfer existing federal workers to ICE. The freeze begins upon the bill's enactment and automatically ends when Congress passes a specific law overriding it. It directly affects ICE's staffing capabilities by halting new appointments and transfers using federal funding. The measure is procedural, focusing solely on restricting hiring authority without altering immigration enforcement policies.

This bill prohibits U.S. Immigration and Customs Enforcement (ICE) from using federal funds to detain or transport U.S. citizens during civil immigration enforcement actions. It directly affects ICE operations by blocking funding for any activity that would hold or move citizens outside the U.S. under immigration laws. The key mechanism is a specific funding restriction in the bill text, stating no funds may be used for detaining or transporting citizens. This applies to all civil immigration enforcement activities defined under the Immigration and Nationality Act. The bill does not create new enforcement powers but limits how existing funds can be spent.