Sec. 6. Effective date; transitional provisions
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The provisions of and amendments made by this Act shall take effect on the first day of the first full fiscal year after the date of the enactment of this Act, provided that such date is not less than 180 days after the date of the enactment of this Act in which case the provisions of and amendments made by this Act shall take effect on the first day of the second full fiscal year after the date of the enactment of this Act. The transition period described in this section shall be the 4-year period beginning on the effective date of this Act.
The President shall designate interim immigration judges to serve in the appellate division and trial division during the transition period. Such judges shall have the authority to exercise all powers of an immigration judge as provided in title VI of the Immigration and Nationality Act ( 8 U.S.C. 601 et seq. ). Each individual serving as a Board member on the Board of Immigration Appeals of the Executive Office for Immigration Review on the date that is the day before the effective date of this Act shall be eligible for designation as an interim immigration appeals judge.
If there are more than 21 members of the Board of Immigration Appeals on the day before the effective date of this Act, the 21 members most senior in commission shall be eligible for designation. Each individual serving as an immigration judge in the Executive Office for Immigration Review on the date that is the day before the effective date of this Act shall be eligible for designation as an interim immigration trial judge. In making such appointments, such individuals shall be given priority consideration, and the President may appoint such other interim immigration trial judges as appropriate.
An interim immigration judge may serve until the transition period has ended and a successor is appointed, or for a period not to exceed 5 years, whichever is shorter. Notwithstanding section 601(b)(2)(B) of the Immigration and Nationality Act as added by this Act, the first 21 immigration appeals judges appointed after the transition period shall, as determined by the President, serve for the following terms: 7 immigration appeals judges shall each serve for a term of 5 years. 7 immigration appeals judges shall each serve for a period of 10 years. 7 immigration appeals judges shall each serve for a period of 15 years.
Each immigration appeals judge described in subparagraph
(A)may continue to serve after the expiration of the designated term if such judge is reappointed in accordance with section 601(b)(2)(B) of the Immigration and Nationality Act as added by this Act. Not later than 180 days before the transition period has ended, the appellate division shall establish procedures and requirements related to the appointment of immigration trial judges. Notwithstanding paragraphs
(1)and
(2)and section 601 of the Immigration and Nationality Act, as added by this Act, any individual appointed to fill an immigration judge vacancy during the transition period described in subsection (b)(1) shall serve only until the transition period has ended and until a successor is appointed in accordance with section 602 of the Immigration and Nationality Act, but not more than 1 year after the end of the transition period.
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Sec. 6
Effective date; transitional provisions
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