With over 1.5 million cases pending, the immigration backlog hit its highest point in November 2021. The all-time high was nearly 1,560,000 for the month of November, growing by 70,000 cases, per data published by Syracuse University’s Transactional Records Access Clearinghouse.

Further, decreases in the backlog have never been reported. Therefore, it’s anticipated that the backlog will continue to grow.

Although the Biden administration has made efforts to address the backlog, including proposing moving asylum claims from the immigration courts to asylum officers. Also, the Executive Office for Immigration Review (EOIR) announced the hiring of an additional 22 immigration judges and are seeking more. In October, 24 new judges were added to the immigration courts.

While these efforts may prove helpful, the continual growth of the backlog and the compounding effects of the pandemic point to the need for more meaningful change. The immigration court system is unique in that it is not independent of the executive branch. Immigration courts are under the Department of Justice (DOJ). As such, it’s possible that it is influenced by changing political approaches. In addition, immigration courts handle deportation cases sent by U.S. Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS). The potential for conflicting priorities may contribute to the backlog. U.S. Immigration and Customs Enforcement (ICE) brings deportation cases to the immigration courts as well.

Ultimately, immigration reform is needed not solely to relive the courts, but more importantly, to process these issues in a timeline manner. Combined with the recent announcement of the slowest growth rate in the U.S. since the founding of the country, in part due to lower immigration, the need is urgent.

We continue to monitor ongoing issues with immigration backlog. We put our experience and expertise to work for you, to ensure you get the right advice. Contact us to see how we can help you.