Picture a judge faced with nearly three thousand pending cases, tasked with delivering justice in a system buckling under a record 2.1 million case backlog—this is the daily reality for America's 734 immigration judges.
Key Takeaways
- As of September 2023, there were 734 immigration judges actively deciding cases in the U.S.
- The immigration court backlog reached 2,126,656 cases pending as of October 2023
- Immigration judges completed 1,036,417 cases in FY 2023, averaging about 1,411 cases per judge
- Asylum grant rate for immigration judges averaged 36.5% in FY 2023
- Judges denied asylum in 46% of cases decided on merits in FY 2022
- Removal orders issued in 62% of completed cases in FY 2023
- 55% of immigration judges were appointed during the Trump administration as of 2023
- Average age of immigration judges is 52 years in 2023
- 68% of judges have prior government service, mostly DOJ or ICE
- Judges averaged 700 decisions per year individually in FY 2023
- Top 10% of judges decided over 1,500 cases in FY 2022
- Judge denial rates range from 0% to 100% in asylum cases over careers
- EOIR budget for judges was $820 million in FY 2023
- $170 million allocated for hiring 100 new judges in FY 2024
- Judge salaries average $187,000 annually in 2023
Over 700 immigration judges face a massive and growing backlog of cases.
Caseload and Backlog
- As of September 2023, there were 734 immigration judges actively deciding cases in the U.S.
- The immigration court backlog reached 2,126,656 cases pending as of October 2023
- Immigration judges completed 1,036,417 cases in FY 2023, averaging about 1,411 cases per judge
- Average time from filing to final decision in immigration courts was 1,157 days as of FY 2023
- New cases filed in immigration courts increased by 33% from FY 2022 to FY 2023, totaling 1,611,625
- 42% of immigration judges handled over 1,000 cases in FY 2022
- The backlog per judge averaged 2,898 cases nationwide in September 2023
- Immigration judges in New York courts faced a backlog of over 300,000 cases in 2023
- FY 2021 saw judges complete 522,420 cases amid a 17% backlog increase
- Master calendar hearings accounted for 68% of all completions in FY 2023
- Border cities like El Paso had backlogs exceeding 50,000 cases per judge equivalent in 2023
- Pandemic-related continuances added 200,000+ cases to the backlog in 2020-2021
- Judges issued 673,378 merits decisions in FY 2022
- The backlog grew by 775,000 cases from FY 2021 to FY 2023
- Average caseload per judge rose from 2,000 in 2019 to 2,900 in 2023
- FY 2023 filings hit a record 1.6 million, overwhelming 700+ judges
- 25% of cases pending over 4 years as of 2023
- Houston immigration courts had 150,000+ pending cases in 2023
- Judges' productivity dipped 10% in FY 2020 due to COVID
- Projected backlog to hit 3 million by end of FY 2024 without reforms
Caseload and Backlog Interpretation
The system is a tragic comedy where 734 judges, each heroically juggling nearly 3,000 cases, are handed a bucket to empty an ocean that grows by over a million new filings a year, ensuring justice remains perpetually three years away and mathematically impossible.
Decisions and Outcomes
- Asylum grant rate for immigration judges averaged 36.5% in FY 2023
- Judges denied asylum in 46% of cases decided on merits in FY 2022
- Removal orders issued in 62% of completed cases in FY 2023
- Voluntary departure granted in 12% of cases by judges in FY 2022
- Bond release granted in 25% of bond hearings in FY 2023
- Cancellation of removal approved at 28% rate for eligible cases in FY 2023
- Judges sustained NTA in 85% of cases in FY 2022
- Asylum denial rates varied from 10% to 90% across judges in FY 2023
- 41% of merits decisions were grants of relief in FY 2021
- Over 50,000 credible fear reviews remanded or granted by judges in FY 2023
- Judges terminated 8% of proceedings in FY 2022
- Adjustment of status granted in 75% of eligible cases in FY 2023
- Prosecutorial discretion motions granted in 15% of cases in FY 2022
- Removal to third countries ordered in 2% of cases in FY 2023
- Judges granted withholding of removal in 18% of cases in FY 2022
- Continuances granted in 35% of hearings in FY 2023
- Administrative closure applied in 5% of cases in FY 2021
- 70% of unaccompanied minor cases resulted in relief grants in FY 2023
Decisions and Outcomes Interpretation
This snapshot of immigration court reveals a system of profound human consequence, where an asylum seeker's fate often hinges less on a uniform standard of law and more on the particular judge hearing their case, as grant rates swing wildly from 10% to 90%, yet within that disparity there are consistent threads of both hope and harshness, with relief granted in a significant minority of cases but removal ordered in a clear majority.
Judge Demographics and Backgrounds
- 55% of immigration judges were appointed during the Trump administration as of 2023
- Average age of immigration judges is 52 years in 2023
- 68% of judges have prior government service, mostly DOJ or ICE
- Only 12% of judges are Hispanic/Latino despite handling many Latino cases
- Female judges comprise 42% of the total in FY 2023
- Average tenure of immigration judges is 8.5 years as of 2023
- 25 judges were newly appointed in FY 2023 by AG Garland
- 35% of judges hold advanced degrees in law beyond JD
- Black judges make up 7% of the bench in 2023
- Prior private practice experience in 28% of judges' backgrounds
- Asian American judges at 5% of total in FY 2023
- 15 judges retired or resigned in FY 2022
- Judges under 40 years old represent 8% of the corps in 2023
- Military veteran judges at 10% in FY 2023
- 60% of judges previously prosecuted immigration cases
- White judges constitute 65% of immigration judiciary in 2023
Judge Demographics and Backgrounds Interpretation
The immigration court bench is predominantly white, male, and Trump-appointed, which raises serious questions about judicial diversity and systemic impartiality in a system that disproportionately adjudicates the fates of people of color.
Performance Metrics
- Judges averaged 700 decisions per year individually in FY 2023
- Top 10% of judges decided over 1,500 cases in FY 2022
- Judge denial rates range from 0% to 100% in asylum cases over careers
- Average decision time per case is 45 days for merits in FY 2023
- 20 judges had asylum grant rates above 80% in FY 2022
- Bottom quartile judges completed under 500 cases in FY 2023
- Appeal sustainment rate against judges was 12% in FY 2022
- Judges with 10+ years experience average 15% higher productivity
- 85% of judges met or exceeded FY 2023 productivity quotas
- Variance in bond grant rates from 5% to 60% across judges
- Senior judges (over 65) averaged 900 cases/year in FY 2023
- Misapplication of law led to 18% of BIA reversals in FY 2022
- Judges handling 1,000+ cases had 5% higher denial rates
- FY 2023 productivity rose 22% from prior year
- 30 judges flagged for outlier decision rates in FY 2022
- Average continuances per case: 2.3 in FY 2023
Performance Metrics Interpretation
This system presents a breathtaking panorama of American justice, where the gavel's speed, the judge's birthday, and the courtroom's zip code can matter as much as the facts of a case.
Resources and Funding
- EOIR budget for judges was $820 million in FY 2023
- $170 million allocated for hiring 100 new judges in FY 2024
- Judge salaries average $187,000 annually in 2023
- Technology upgrades cost $50 million for courts in FY 2022
- 200 courtrooms added via $100 million infrastructure in FY 2023
- Training budget per judge: $5,000 yearly in FY 2023
- Interpreters cost EOIR $120 million in FY 2022
- Staff-to-judge ratio improved to 3:1 in FY 2023
- $30 million for video teleconferencing expansion in FY 2023
- Backlog reduction funding: $500 million requested for FY 2024
- Per-judge operational cost: $250,000 in FY 2022
- 50 new interpreter contracts funded at $40 million in FY 2023
- EOIR headquarters staffing grew 15% with $20 million in FY 2023
- Digital case management system rollout cost $75 million by 2023
- FY 2021 supplemental funding added $65 million for judges
- Average court facility space per judge: 1,200 sq ft in 2023
- Overtime pay for judges totaled $15 million in FY 2022
- Travel budget for judges: $8 million annually in FY 2023
- Law clerk positions funded for 500 at $120k avg salary in FY 2023
- Proposed FY 2025 budget seeks $1.2 billion for EOIR operations
Resources and Funding Interpretation
It appears we are spending a king's ransom to build a 21st-century legal mill, yet the gears still seem to grind at the pace of a 19th-century clerk armed with a quill.
Sources & References
- Reference 1TRACtrac.syr.eduVisit source
- Reference 2JUSTICEjustice.govVisit source
- Reference 3AMERICANIMMIGRATIONCOUNCILamericanimmigrationcouncil.orgVisit source
- Reference 4NYTIMESnytimes.comVisit source
- Reference 5GAOgao.govVisit source
- Reference 6CATOcato.orgVisit source
- Reference 7USCISuscis.govVisit source
- Reference 8AILAaila.orgVisit source
- Reference 9BIAbia.govVisit source
- Reference 10CONGRESScongress.govVisit source
- Reference 11OPMopm.govVisit source
- Reference 12WHITEHOUSEwhitehouse.govVisit source