Sec. 6. Application date; transitional provisions
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The Immigration Courts may not begin to exercise the functions of the courts under this Act and the amendments made by this Act until the date (for purposes of this Act, referred to as the application date ) that is— the first day of the first full fiscal year after the date of the enactment of this Act, if such date is 180 days or more after the date of enactment of this Act; or the first day of the second full fiscal year after the date of the enactment of this Act, if the first day of the first full fiscal year after the date of enactment of this Act is less than 180 days after the date of enactment of this Act; and the date on which 3 or more immigration appeals judges have been duly appointed by the President, in accordance with procedures set forth in section 6(c) of this Act and 601(b)(2) of the Immigration and Nationality Act, as added by this Act.
The transition period described in this section shall be the 4-year period beginning on the application date of this Act. Each individual serving as an immigration judge in the Executive Office for Immigration Review on the date that is the day before the application date of this Act shall become an interim immigration trial judge. Interim immigration judges shall have the authority to exercise all powers of an immigration trial judge as provided in title VI of the Immigration and Nationality Act ( 8 U.S.C. 601 et seq. ).
An interim immigration trial 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. An otherwise qualified interim judge may be appointed as an immigration trial judge. Service as an interim immigration trial judge shall be included in the same manner as service as an immigration trial judge for purposes of calculating service credit, retirement eligibility, and disability. Nothing in this Act or the amendments made by this Act may be construed to— preclude an interim immigration trial judge who is not appointed for a term appointment by the appellate division under section 601(c)(2) of the Immigration and Nationality Act, as added by this Act, from eligibility for appointment as an administrative judge, administrative law judge, and for attorney positions in agencies throughout the Federal Government; or make an interim immigration judge described in clause
(i)ineligible for early retirement pursuant to section 8336(d)(2)(D) or 8414(b)(1)(B) of title 5, United States Code. Notwithstanding section 601(b)(2)(B) of the Immigration and Nationality Act as added by this Act, the first 21 immigration appeals judges appointed shall serve for the following terms: The terms of the first 7 immigration appeals judges appointed shall terminate on the date that is 5 years after the date described in subsection (a). The terms of the next 7 immigration appeals judges appointed after the judges referred to in clause
(i)shall terminate on the date that is 10 years after the date described in subsection (a). The terms of the next 7 immigration appeals judges appointed after the judges referred to in clause
(ii)shall terminate on the date that is 15 years after the date described in subsection (a). 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 trial 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. The period that a covered immigration judge who elects to receive retired pay under section 602 of the Immigration and Nationality Act, as added by this Act, serves as a member of the Board of Immigration Appeals, an immigration judge, or an administrative law judge in the Executive Office for Immigration Review of the Department of Justice, shall be included, up to a maximum of 5 years, in the service of such individual on the Immigration Courts for purposes of computing the years of service as an immigration judge. In this subsection, the term covered immigration judge means— an immigration appeals judge appointed under section 601(b) of the Immigration and Nationality Act, as added by this Act; an immigration trial judge appointed under section 601(c) of the Immigration and Nationality Act, as added by this Act; or an interim immigration trial judge under subsection (b)(2) of this section.
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Sec. 6
Application date; transitional provisions
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