Picture over three million lives, families, and futures suspended in a state of legal limbo, as the Immigration Court backlog—a staggering 3,016,464 pending cases—reveals a system buckling under its own weight.
Key Takeaways
- As of the end of FY 2023, the Immigration Courts had a backlog of 3,016,464 pending cases, representing a 431% increase since FY 2012
- In FY 2022, Immigration Courts received 733,978 new cases, contributing to the growing backlog
- The backlog grew by 318,422 cases in FY 2023 alone, driven by new filings exceeding completions
- In FY 2023, immigration judges granted relief in 38.1% of completed cases overall
- Asylum grant rate was 36.5% for represented applicants in FY 2023, down from 47% in FY 2022
- Removal orders issued in 52% of cases decided in FY 2023
- In FY 2023, 65% of respondents were from the Northern Triangle countries
- Mexicans comprised 20% of new filings in FY 2023 Immigration Court cases
- FY 2023 saw 15% of cases involving unaccompanied minors under 18
- The median processing time for Immigration Court cases was 1,100 days in FY 2023
- Asylum cases took an average of 1,800 days from filing to decision in FY 2023
- FY 2023 master calendar hearings averaged 45 days from NTA service
- EOIR employed 723 immigration judges as of September 2023
- FY 2023 budget for EOIR was $870 million, supporting courts
- Immigration judges handled 505,000 completions in FY 2023
The immigration court backlog exceeds three million cases and keeps growing rapidly.
Case Outcomes and Decisions
- In FY 2023, immigration judges granted relief in 38.1% of completed cases overall
- Asylum grant rate was 36.5% for represented applicants in FY 2023, down from 47% in FY 2022
- Removal orders issued in 52% of cases decided in FY 2023
- Voluntary departure granted in 8.2% of FY 2023 completions
- In FY 2022, 44% of asylum cases resulted in grants, varying by nationality
- Judges terminated 12% of cases in FY 2023 due to prosecutorial discretion
- FY 2023 cancellation of removal approved in 25% of eligible cases
- Chinese asylum seekers had 68% grant rate in FY 2023, highest among nationalities
- FY 2021 saw 31% overall relief grant rate amid backlog pressures
- Removal in absentia occurred in 15% of FY 2023 decided cases
- FY 2023 adjustment of status granted in 42% of cases
- Nicaraguan asylum grant rate dropped to 12% in FY 2023
- 7% of FY 2023 cases ended in prosecutorial dismissal
- Bond hearings granted release in 35% of FY 2023 requests
- FY 2022 overall denial rate for asylum was 45%
- Venezuelan cases had 18% grant rate in FY 2023
- FY 2023 continuances issued in 25% of hearings, affecting outcomes
- Unaccompanied children received relief in 52% of FY 2023 cases
- FY 2023 withholding of removal granted at 15% rate
- Guatemalan asylum denial rate was 82% in FY 2023
- Administrative closure in 5% of FY 2023 completions
- FY 2023 represented asylum seekers granted at 46%, unrepresented at 19%
- Honduran grant rate: 22% in FY 2023
- FY 2023 NACARA relief approved in 60% of cases
- Salvadoran asylum grants at 28% in FY 2023
- FY 2023 appeals sustained by BIA in 14% of cases
- Cuban cases had 75% relief grant rate in FY 2023
- FY 2023 U visa continuances in 30% of cases
Case Outcomes and Decisions Interpretation
While the odds of relief in immigration court often hinge on the lottery of nationality and legal representation, the overall picture suggests a system where the promise of asylum is more a gamble than a guarantee.
Caseload and Backlogs
- As of the end of FY 2023, the Immigration Courts had a backlog of 3,016,464 pending cases, representing a 431% increase since FY 2012
- In FY 2022, Immigration Courts received 733,978 new cases, contributing to the growing backlog
- The backlog grew by 318,422 cases in FY 2023 alone, driven by new filings exceeding completions
- By September 2023, pending cases in Immigration Courts exceeded 3 million for the first time
- FY 2021 saw 1,297,888 pending cases at year-end, up from 1,276,915 the previous year
- New asylum cases accounted for 57% of all new filings in FY 2023, exacerbating the backlog
- The Immigration Court backlog doubled from 1.3 million in FY 2018 to over 2.6 million by FY 2022
- In FY 2020, completions dropped to 267,000 cases amid COVID-19 disruptions, worsening backlog
- Asylum-related cases comprised 48% of the total backlog as of September 2023
- FY 2019 new receipts totaled 392,000 cases, but only 346,000 were completed
- The backlog per judge averaged 5,000 cases in FY 2023, up from 300 in 2000
- By mid-2023, New York Immigration Court had the largest backlog with over 200,000 pending cases
- FY 2023 filings increased 15% from FY 2022, adding pressure to the backlog
- Total pending cases rose from 2.8 million in December 2022 to 3 million by June 2023
- Non-asylum cases made up 52% of the backlog in FY 2023
- The backlog grew 60% between FY 2019 and FY 2023
- FY 2018 completions were 330,000 against 415,000 receipts
- Texas Immigration Courts held 25% of the national backlog in 2023
- Pandemic-related delays added 500,000 cases to the backlog from 2020-2022
- FY 2023 saw 417,000 asylum applications filed in court
- Pending master calendar cases reached 1.2 million in FY 2023
- Backlog growth rate was 14% year-over-year from FY 2022 to 2023
- California courts had 400,000+ pending cases in 2023
- Unaccompanied minors cases added 50,000 to backlog in FY 2023
- FY 2017 backlog was 585,000, tripling by 2023
- Border patrol referrals surged 200% from FY 2021 to 2023, fueling backlog
- FY 2023 individual hearing cases pending: 1.8 million
- Florida's backlog exceeded 100,000 cases by end of 2023
- Overall caseload grew 800% since FY 1990
- FY 2023 new NTA filings: 1.1 million
Caseload and Backlogs Interpretation
The Immigration Court system is now a monument of infinite waiting, where the hopeful line for a hearing grows by nearly a thousand souls a day, yet moves forward at the pace of a monument.
Court Resources
- EOIR employed 723 immigration judges as of September 2023
- FY 2023 budget for EOIR was $870 million, supporting courts
- Immigration judges handled 505,000 completions in FY 2023
- 2,200 court staff employed in FY 2023
- 58 new judges hired in FY 2023
- Video teleconferencing used in 70% of FY 2023 hearings
- 70 courthouses operated nationwide in FY 2023
- FY 2023 attorney advisor hires: 150 to aid backlog
- Judge vacancy rate was 15% in FY 2023
- $200 million allocated for IT upgrades in FY 2023 EOIR
- 300 Board of Immigration Appeals members/staff in FY 2023
- FY 2023 training hours per judge: 40
- 50% of judges had 10+ years experience in FY 2023
- EOIR case management system served 3 million cases in FY 2023
- 1,000 interpreters contracted in FY 2023
- FY 2023 new courthouse openings: 5
- Clerk staffing: 1 per 1,200 cases in FY 2023
- 25% increase in legal orientation programs funded in FY 2023
- FY 2023 judge caseload target: 700 cases/year unmet
- DHS attorneys: 2,500 in FY 2023
- Electronic filing adopted in 80% of courts by FY 2023
- FY 2023 overtime pay for staff: $50 million
- 120 temporary judges detailed in FY 2023
- Library resources accessed 1 million times in FY 2023
- FY 2023 facility expansions in 10 border courts
Court Resources Interpretation
For a system spending nearly a billion dollars and pushing half a million cases through the door, it's a Herculean effort just to tread water, as every new hire and tech upgrade races against a tide of vacancies and unmet targets.
Processing Times and Efficiency
- The median processing time for Immigration Court cases was 1,100 days in FY 2023
- Asylum cases took an average of 1,800 days from filing to decision in FY 2023
- FY 2023 master calendar hearings averaged 45 days from NTA service
- Time to first hearing increased to 450 days in FY 2023 for non-detained cases
- FY 2022 detained cases resolved in 120 days median, vs 1,200 for released
- Continuances extended cases by average 300 days in FY 2023
- FY 2023 bond hearings took 25 days median
- Over 40% of FY 2023 cases waited over 2 years for merits hearing
- FY 2021 processing slowed to 1,500 days average due to COVID
- New York court median time: 2,000 days in FY 2023
- FY 2023 efficiency: 700 cases completed per judge annually
- Asylum merits hearings averaged 1,200 days wait in FY 2023
- FY 2023 appeals to BIA took 250 days median
- 25% of cases in FY 2023 resolved under 1 year, mostly detained
- Texas courts averaged 800 days in FY 2023
- FY 2023 continuances per case: 2.1, adding 600 days
- Unaccompanied minors cases: 900 days median in FY 2023
- FY 2023 video hearings reduced time by 20% vs in-person
- Backlog cases over 10 years: 10% in FY 2023
- FY 2023 first appearance compliance: 75% within 30 days
- California median: 1,500 days in FY 2023
- FY 2023 productivity: 1.9 hearings per judge per day
- Asylum affirmative referrals: 400 days to defensive in FY 2023
- FY 2023 Florida: 1,000 days median
- 60% of FY 2023 completions under 3 years total time
Processing Times and Efficiency Interpretation
The glacial pace of immigration court, where even a speedy hearing is measured in years and patience is measured in lifetimes, shows a system buckling under the weight of its own backlog.
Respondent Demographics
- In FY 2023, 65% of respondents were from the Northern Triangle countries
- Mexicans comprised 20% of new filings in FY 2023 Immigration Court cases
- FY 2023 saw 15% of cases involving unaccompanied minors under 18
- 42% of asylum seekers in FY 2023 were female
- Venezuelans represented 12% of FY 2023 new cases, up from 2% in FY 2022
- In FY 2022, 55% of respondents were detained at filing
- FY 2023 average respondent age was 32 years
- Guatemalans filed 18% of asylum cases in FY 2023
- 28% of FY 2023 cases involved families (with children)
- Hondurans made up 22% of Northern Triangle cases in FY 2023
- FY 2023 Chinese respondents: 8% of total
- 35% of backlog cases in FY 2023 were over 5 years old, involving older demographics
- Salvadorans: 25% of FY 2023 asylum filers
- FY 2023 Indians represented 6% of new non-asylum cases
- 62% of unaccompanied minors in FY 2023 were male aged 14-17
- Nicaraguans surged to 10% of filings in FY 2023
- FY 2023 Ecuadorians: 5% of cases
- 18% of respondents in FY 2023 had prior removal orders
- Colombians: 4% of FY 2023 asylum seekers
- FY 2023 Haitians: 7% of new cases amid border encounters
- 45% of detained respondents in FY 2023 were from Central America
- Brazilians filed 3% of FY 2023 cases
- FY 2023 average family size in cases: 2.5 members
- Peruvians: 2% of backlog demographics in FY 2023
- 52% of FY 2023 respondents aged 18-35
- FY 2023 Ukrainians: 1% despite global attention
- 22% of cases in FY 2023 involved repeat offenders criminally
Respondent Demographics Interpretation
While the faces change at the border, the story remains a complex mosaic of families and individuals fleeing turmoil, with the U.S. immigration court system straining to hold together under the weight of its own protracted backlog.