US Immigration Courts Face Record Backlog in 2024
Sarah Bennett
January 07, 2025
The US immigration court system is facing an unprecedented backlog of cases. The number of pending cases has reached a record high, with millions of individuals awaiting their day in court. This has significant implications for immigrants, the US immigration system, and the US economy. This article explores the causes and consequences of this backlog and explores potential solutions.
Statistics on the Backlog
The backlog in US immigration courts has been growing significantly, culminating in a record high in 2024. Not only has the number of pending cases surged, but the courts also received a record number of new cases. In fiscal year 2024, nearly 1.8 million new cases were filed, contributing to the growing backlog1. The table below presents a summary of the backlog statistics:
In FY2023, there were 2.5 million pending cases, with the number of asylum applications unspecified.
By September 2024, the number of pending cases had risen to 3.7 million, with 1.59 million asylum applications.
The increase in the backlog was not consistent throughout the year. While it increased each quarter of FY2024, the growth was lower in the last two quarters compared to the first two as the number of case receipts declined2. Of the 3.7 million pending cases, 1.59 million immigrants have already filed formal asylum applications and are waiting for asylum hearings or decisions1. The average wait time for a case to be heard is five years3.
Causes of the Backlog
Several factors have contributed to the record backlog in US immigration courts. These include:
Increased Immigration Enforcement and Changing Migrant Arrival Patterns: Increased immigration enforcement has led to a surge in the number of cases filed in immigration courts2. This is intertwined with changes in migrant arrival patterns at the US-Mexico border. In recent years, there has been an increase in the number of migrants seeking asylum after being apprehended for crossing the border illegally4. The surge in asylum seekers apprehended at the border, coupled with increased enforcement efforts, has resulted in a significant influx of cases into the immigration court system.
Policy Changes: In June 2024, the Biden Administration issued a proclamation, and the Department of Homeland Security (DHS) and Department of Justice (DOJ) issued an interim final rule aimed at securing the border. This rule, which was modified and finalized in October 2024, limits access to asylum and may be a contributing factor to the backlog2.
Shortage of Immigration Judges: There is a shortage of immigration judges to handle the increasing number of cases. While the Executive Office for Immigration Review (EOIR) has been actively hiring, the current number of judges is insufficient to manage the caseload effectively. The National Association of Immigration Judges estimates that doubling the current number of judges from 700 to 1,400 could significantly reduce the backlog by 20324.
COVID-19 Pandemic: The COVID-19 pandemic has also disrupted court operations and contributed to the backlog2.
Administrative Maneuvering: The Biden-Harris Justice Department and Department of Homeland Security have caused the immigration court backlog to skyrocket, adding over 3.7 million new cases since fiscal year 20215. Most of these cases are based on claims that ultimately prove unsuccessful5. The Biden-Harris administration has used the backlog as an excuse to allow even more aliens to remain in America5.
Impact of the Backlog on the US Immigration System
The backlog in US immigration courts has a significant impact on the US immigration system as a whole. It creates delays and challenges for everyone involved, including immigrants, attorneys, and court staff6. Some of the key impacts include:
Delays for Vulnerable Populations: The backlog causes significant delays for vulnerable populations, such as asylum seekers and children, who may be eligible for protection under US law. These individuals may have to wait years for their cases to be heard, leaving them in a state of uncertainty and potentially exposing them to further harm6.
Prolonged Removal Processes: The backlog also prolongs the removal process for those who do not have valid claims to remain in the United States. This can lead to increased costs for detention and deportation, as well as potential security risks6.
Increased Workload for Immigration Judges and Court Staff: The backlog creates an immense workload for immigration judges and court staff, leading to burnout and potential delays in processing cases efficiently.
Consequences of the Backlog
The backlog in US immigration courts has several consequences, including:
Delays in Justice: The backlog causes significant delays in justice for immigrants. Immigrants may have to wait years for their cases to be heard, which can have a devastating impact on their lives. For instance, individuals seeking asylum may be forced to live in precarious conditions with limited access to resources while they await their court date7.
Increased Costs: The backlog also increases costs for the government and taxpayers. The government has to spend more money on detention facilities, court staff, and other resources to manage the growing number of pending cases. This can strain government budgets and divert resources from other essential services6.
Strain on the Immigration System: The backlog puts a strain on the entire immigration system. It makes it more difficult for the government to enforce immigration laws and to process applications for immigration benefits in a timely manner. This can lead to inefficiencies and inconsistencies in the application of immigration law6.
Negative Impact on the US Economy: The backlog can also have a negative impact on the US economy. It can make it more difficult for businesses to hire skilled workers and can discourage investment in the United States. The uncertainty surrounding immigration status can also deter entrepreneurship and innovation8.
In Absentia Removal Orders: A concerning consequence of the backlog is the increase in in absentia removal orders. These orders are issued when individuals fail to appear in court, even if a judge waived their appearance. This is often due to a lack of a proper tracking system within the immigration courts, which fails to collect data systematically on appearances and waivers. As a result, individuals may be unjustly ordered removed from the US7.
Formal Removal Proceedings: When a foreign national is charged with an immigration violation at the Southwest border, the US Customs and Border Protection (CBP) commences formal removal proceedings by filing a Notice to Appear with an immigration court2. Individuals may be detained while they await proceedings or released at the discretion of DHS. This process adds to the complexity and burden on the immigration court system2.
Potential Solutions
Several solutions have been proposed to address the backlog in US immigration courts. These include:
Hiring More Immigration Judges and Increasing Funding: One of the most common solutions proposed is to hire more immigration judges. This would help to reduce the caseload per judge and speed up the processing of cases4. Increased funding for immigration courts is essential to support this initiative, allowing for the hiring of more judges, improvement of court infrastructure, and reduction of case processing times3.
Streamlining the Asylum Process: Streamlining the asylum process could help to reduce the number of cases that end up in immigration court. This could involve improving the efficiency of credible fear screenings, providing more resources for asylum officers, and exploring alternative processing methods9. However, it's crucial to ensure that any streamlining measures do not compromise due process or fairness for asylum seekers.
Improving Technology: Improving technology in immigration courts could help to make the system more efficient. This could include digitizing records, implementing online case management systems, and utilizing video conferencing for hearings10.
Backlog Reduction Efficiencies: The government has allocated $55.6 million to improve immigration court business processes and increase efficiency in immigration proceedings11. This initiative includes three key components:
Transcription Services: Funding for transcription services and contractor support at the Board of Immigration Appeals to address its pending appellate backlog11.
Digitization of Records: A five-year project to scan pending paper files into electronic Records of Proceedings11.
Legal Representation Grants: A grant program to support legal representation and related services for immigrants11.
Improving the Hiring Process for Immigration Judges: The EOIR has released a Strategic Management of Human Capital and Workforce Plan to address its workforce needs12. This plan includes refining workforce analysis and planning models, conducting skills gap analyses, and developing a hiring strategy that targets short- and long-term human capital needs12. These efforts aim to streamline the hiring process and ensure that the EOIR has the necessary personnel to manage its caseload effectively.
Increasing Access to Legal Representation: Increasing access to legal representation for immigrants would help to ensure that they have a fair chance in court. Studies have shown that immigrants with legal representation are more likely to have successful outcomes in their cases9. This could involve expanding pro bono legal services, providing funding for legal aid organizations, and creating programs to connect immigrants with qualified attorneys.
Comparison to Previous Years
The backlog in US immigration courts in 2024 is the highest in history2. The backlog has been growing steadily in recent years, but the increase in 2024 was particularly sharp13. The number of pending cases more than doubled from November 2022 to November 2023, highlighting the rapid growth of the backlog14. This surge in pending cases underscores the urgent need for comprehensive solutions to address the challenges facing the US immigration court system.
Citation :
1. News from TRAC: The Immigration Court Saw Record Activity in Fiscal Year 2024, accessed on January 3, 2025, https://trac.syr.edu/whatsnew/email.241021.html
2. Immigration Courts: Decline in New Cases at the End of FY2024 - CRS Reports, accessed on January 3, 2025, https://crsreports.congress.gov/product/pdf/IN/IN12463
3. Immigration Court Backlogs Under Trump's Deportation Plan ..., accessed on January 3, 2025, https://www.jeelani-law.com/immigration-court-backlogs-under-trumps-deportation-plan/
4. U.S. Immigration Courts Face a Staggering Backlog as 3M Cases Pile Up, accessed on January 3, 2025, https://www.boundless.com/blog/us-immigration-courts-3-million-case-backlog/
5. Quiet Amnesty: How the Biden-Harris Administration Uses the Nation's Immigration Courts to Advance an Open-Borders Agenda - House Judiciary Committee, accessed on January 3, 2025, https://judiciary.house.gov/media/press-releases/quiet-amnesty-how-biden-harris-administration-uses-nations-immigration-courts
6. U.S. Immigration Courts See a Significant and Growing Backlog, accessed on January 3, 2025, https://www.gao.gov/blog/u.s.-immigration-courts-see-significant-and-growing-backlog
7. Immigration Courts: Actions Needed to Track and Report ..., accessed on January 3, 2025, https://www.gao.gov/products/gao-25-106867
8. Immigration Court Backlogs Continue Into 2024 - Barnes & Thornburg, accessed on January 3, 2025, https://btlaw.com/insights/blogs/labor-and-employment/2024/immigration-court-backlogs-continue-into-2024
9. MPI Report Offers Solutions to Repair a U.S. Immigration Court System in Crisis, accessed on January 3, 2025, https://www.migrationpolicy.org/news/solutions-repair-us-immigration-court-system
10. www.justice.gov, accessed on January 3, 2025, https://www.justice.gov/d9/2023-03/eoir_fy_2024_pb_narrative_omb_cleared_03.14.23.pdf
11. www.justice.gov, accessed on January 3, 2025, https://www.justice.gov/jmd/page/file/1398846/dl
12. Immigration Courts: Actions Needed to Reduce Case Backlog and ..., accessed on January 3, 2025, https://www.gao.gov/products/gao-17-438
13. Immigration courts clearing cases at 50% higher rate amid backlog, accessed on January 3, 2025, https://www.courthousenews.com/immigration-courts-clearing-cases-at-50-higher-rate-amid-backlog/
14. Immigration Court Backlog Tops 3 Million; Each Judge Assigned ..., accessed on January 3, 2025, https://trac.syr.edu/reports/734/
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