The Speed of Justice

We analyzed 12.4 million completed immigration proceedings to answer a simple question: how long does it take? The answer — an average of 397 days (1.1 years) — masks enormous variation that determines people's lives.

The Two-Speed System

Immigration court operates at two radically different speeds. 54.7% of proceedings (6,766,531 cases) resolve in under 6 months — these are overwhelmingly detained cases on expedited dockets and in absentia removal orders where the person never appeared.

At the other extreme, 516,151 proceedings (4.2%) took more than 5 years. These are people living in legal limbo for half a decade or more — unable to fully plan their lives, working under temporary permits, raising American children while facing potential deportation.

The gap between the fastest and slowest courts is staggering: the fastest court averages just 26 days, while the slowest averages 2.7 years. Same law, same country — wildly different timelines.

Why Cases Got Slower

Cases completed in 2022 averaged 2.2 years — the peak in our data. This wasn't random. Multiple factors converged:

• The backlog spiral — With 1.9M cases pending and only 1,409 judges, each judge carries ~1,354 cases. Even getting a first hearing scheduled takes months.
• Continuances — Cases are frequently postponed for months at a time. Judges grant continuances for missing evidence, attorney scheduling, pending USCIS applications, or simply because the docket is full.
• The representation gap — Only 26.7% of respondents have attorneys. Unrepresented people often need more hearings because they don't know the procedures, miss deadlines, or file incorrect paperwork.
• Policy whiplash — Changing prosecutorial priorities between administrations cause mass rescheduling, reopening of closed cases, and docket shuffling.

Detained = Fast, Non-Detained = Slow

The single biggest predictor of case speed is custody status. Detained cases move in weeks to months because the government is paying $150-$300 per day to house the person. There's financial pressure to resolve quickly.

Non-detained cases can languish for years. There's no cost pressure — the respondent is living in the community, working (often with authorization), paying taxes, and raising families. The system has no urgency.

This creates a perverse dynamic: detained immigrants get faster "justice" but worse outcomes. They have less time to find lawyers, gather evidence, and build their cases. Non-detained immigrants wait years but have better chances of winning — if they can endure the uncertainty.

The Human Cost of Waiting

A 4-year immigration case isn't just a bureaucratic delay. It's:

• A parent who can't travel to see a dying relative abroad because leaving means losing the case
• A worker who can't get promoted because their work authorization is temporary and uncertain
• A child who was 6 when the case started and 10 when it resolves — an American in every way except on paper
• A domestic violence survivor who fled danger and now waits years to know if she can stay

For the government, the cost is also enormous. Each pending case requires file storage, hearing scheduling, interpreter services, and judge time. The 1.9M case backlog represents billions of dollars in future processing costs.

Can the System Speed Up?

Recent data suggests a tentative yes. Cases completed in 2024-2025 averaged 569-623 days — faster than the 2022 peak of 816 days. This reflects:

• Hiring more judges (now 1,409, up from ~400 a decade ago)
• Dedicated dockets for recent border crossers
• More in absentia orders (quick resolution, but not necessarily just)
• Administrative closure and prosecutorial discretion clearing older cases

But as long as new filings keep pace with completions, the backlog — and the wait — will persist. The fundamental math hasn't changed: too many cases, too few judges.