Justice Delayed: The Mounting Crisis of America’s Immigration Court Backlog

Immigration Policy Brief #144 | Morgan Davidson | June 4, 2025

There are over 3 million cases currently pending in U.S. immigration courts, with the trend steadily rising since 2012, according to Syracuse University’s TRAC project. These cases reflect more than just bureaucratic dysfunction—they represent a failing immigration system. The problem goes beyond inefficient government & red tape; it’s a legal & human rights crisis affecting families, asylum seekers, & entire communities.

The backlog refers to unresolved cases involving deportation, asylum, or adjustment of status proceedings. Of the more than 3.6 million pending cases, approximately 2 million are asylum claims, not deportation cases. Data shows that only 1.17% of adjudicated cases involve any criminal charge other than unauthorized presence in the U.S. This means people fleeing violence or living in the country without criminal records are being swept into a legal system where the average wait for a decision is 4–5 years.

The U.S. immigration court system is administered by the Executive Office for Immigration Review (EOIR), which operates under the Department of Justice, not the federal judiciary. Immigration judges are DOJ employees under the authority of the Attorney General, currently Pam Bondi, who reports directly to President Trump. EOIR handles deportation, asylum, & related cases, many of which involve unrepresented individuals. There is no right to a public defender in these courts, & the administrative nature of proceedings raises major due process concerns, particularly as the Trump administration pushes for more expedited removals.

Analysis

The backlog has grown steadily for over a decade, but key surges have worsened the crisis. In 2014, a spike in unaccompanied minors & families from Central America overwhelmed the system, requiring additional legal protections & court resources. In 2018 & 2019, another wave of asylum seekers, mainly from Honduras, Guatemala, & El Salvador, arrived amid rising violence. The Trump administration’s “zero tolerance” policy pushed even more people into formal removal proceedings. Then came COVID-19, which effectively paused court operations while new cases continued to accumulate. These surges, paired with systemic underinvestment, created today’s record-breaking backlog.

A major structural issue is the lack of capacity. With only about 700 immigration judges nationwide, the courts are severely understaffed. That shortage is compounded by outdated systems, limited digital infrastructure, & slow case processing tools. Many courts still operate on paper, with minimal access to remote hearings or case tracking. While border enforcement spending has surged, particularly in states like Texas through Operation Lone Star, investment in court modernization has lagged far behind.

For immigrants stuck in the backlog, the effects are deeply personal. Many are left in limbo—unable to work legally, facing housing instability, & dealing with long-term stress. Some endure prolonged detention or family separation, waiting years for hearings that may last just minutes.

The backlog also undermines the immigration system itself. Justice delayed erodes public trust, reduces enforcement credibility, & can even incentivize further migration by signaling that the system is too overwhelmed to respond. Meanwhile, local communities are bearing the brunt. Cities & counties often provide food, housing, & legal aid to immigrants without federal support. In some regions, schools, clinics, & shelters are stretched to their limits.

The shift from the Biden administration to Trump’s second term has intensified these pressures. Biden prioritized enforcement against high-risk individuals & allowed ICE attorneys to close low-priority cases to ease the docket. His administration also expanded humanitarian protections like TPS & boosted access to legal counsel. Trump, by contrast, has reinstated a broad enforcement-first agenda. Under his leadership, expedited removals have expanded, TPS has been rolled back, & legal aid programs have been defunded. Policies like the Laken Riley Act now mandate detention for certain noncitizens & give states the power to sue over lax immigration enforcement. While both administrations faced a system under strain, Biden focused on backlog management, while Trump’s approach reflects a shift toward punitive control, at the expense of due process & judicial capacity.

Engagement resources–

• TRAC Immigration: Get data-driven insights into immigration enforcement, court backlogs, asylum trends, & more. https://tracreports.org/
• Bipartisan Policy Center’s Immigration Reform Proposals: Explore balanced approaches to immigration policy that prioritize security, economic growth, and humanitarian concerns. https://bipartisanpolicy.org/topics/immigration/
• ACLU Know Your Rights: The ACLU outlines the rights of Immigrants in the U.S. https://www.aclu.org/know-your-rights/immigrants-rights