The Backlog Crisis

The Numbers Are Staggering

The U.S. immigration court system — run by the Department of Justice's Executive Office for Immigration Review (EOIR) — currently has 1,907,436 pending cases. That's 1,907,436 people waiting for a hearing that will determine whether they stay in the United States or get deported.

To put that in perspective: at the 2025 completion rate of approximately 1.3 million cases per year, it would take roughly 18 months to clear the existing backlog — if zero new cases were filed. But in 2024 alone, 508,217 new cases entered the system. In 2023, it was 424,994.

The Surge: 2022–2025

The immigration court system hit an inflection point around 2022. That year, 286,589 new cases were filed — nearly double the 142,311 filed in 2021 (a COVID-suppressed year). By 2024, annual filings had nearly doubled again to 508,217.

But here's what most people miss: the system actually completed more cases than it received in both 2024 and 2025. In 2024, courts completed 1,290,672 cases against 508,217 new filings. In 2025, they completed 1,298,639 against 421,619 new filings.

So why isn't the backlog shrinking faster? Because the backlog isn't just about new filings — it's the accumulated weight of decades of underfunding and insufficient capacity. The system is finally processing cases faster than they arrive, but it's still digging out from years of deficit.

How We Got Here

The backlog is the result of a structural mismatch that has persisted for decades: the number of cases entering the system consistently exceeded the system's capacity to resolve them— until very recently.

• Record border encounters (2021-2024): Unprecedented migration levels generated millions of new Notices to Appear (NTAs), each creating a new immigration court case. The 2024 filing spike of 508,217 was a direct result.
• Only 88 courts and ~600 active judges: Despite hiring pushes, the number of immigration judges hasn't kept pace. Each judge carries an average caseload of over 10,000 decisions across their career in our data.
• Asylum complexity: Asylum cases are the most resource-intensive. With 918,787 grants and 658,280 denials in our data, these cases require individual credibility assessments, country condition evidence, and often multiple hearings.
• In absentia orders: 2,162,444 proceedings — 13.3% of all proceedings — ended with an in absentia order, where the respondent didn't appear. Many of these cases get reopened later, adding to the backlog.

The 2024-2025 Closure Push

Starting in 2024, EOIR dramatically increased case completions — from 965,176 in 2023 to 1,290,672 in 2024 and 1,298,639 in 2025. This represents a 34% increase in throughput in just one year.

How did they do it?

• More in absentia removal orders for respondents who don't appear
• Expedited proceedings for certain case types
• Administrative closures and case terminations (194,743 total)
• Voluntary departure agreements (814,501 total)

Critics argue this speed comes at the cost of due process — that rushing through cases means legitimate claims are being denied without adequate review. The grant rate dropped from 51,981 in 2023 to 48,485 in 2024 even as completions surged 34%.

The Human Cost

Behind every one of those 1,907,436 pending cases is a person in legal limbo. They can't get permanent status. Many can't work legally. They live with the constant uncertainty of potential deportation. For asylum seekers fleeing persecution, the years-long wait is particularly cruel.

And only 26.7% have legal representation. Those without attorneys are significantly more likely to receive removal orders — not necessarily because their cases are weaker, but because navigating immigration law without a lawyer is nearly impossible.