In November 2023, the case backlog in U.S. immigration courts surpassed 3 million open cases. This is an increase of approximately 1 million cases in the past year. Syracuse University’s Transactional Records Access Clearinghouse (TRAC) estimates that each immigration judge is currently handling around 4,500 U.S. cases.

The outlook looks like continuous growth in caseload, with an accelerating pace. TRAC data reveals an average of 130,000 new cases monthly from July to September 2023. However, from October to November 2023, an additional 140,000 cases per month were added.

The backlog not only continues to expand but also drives extended processing times for immigration courts. Asylum-seekers, in particular, experience years-long waits for scheduled hearings. This contributes to the attractiveness of irregular migration, according to the Migration Policy Institute.

Efforts made by the Biden Administration to address the backlog include granting limited jurist power to border patrol officers for dismissing or pausing low-priority removal cases. The appointment of additional immigration judges increased their number from 484 at the beginning of the Biden presidency to 682 currently. These judges are closing cases at a faster rate, with an average of 975 cases closed over the last fiscal year, surpassing the average of 750 cases closed per fiscal year under the Obama administration. Despite these measures, the backlog continues to grow.

We continue to monitor updates to U.S. immigration policy. If you have questions about any U.S. immigration issue, feel free to contact us. We work with our clients, every step of the way.