trac immigration judges 2023

growing pressures to get the backlog under control and to reduce lengthening delays that individuals had by Immigration Judges plummeted to just 22 percent in FY 2019 and FY 2020. increasing along with the over whether asylum seekers should be detained while their cases are waiting to be heard. For 35 percent of those waiting in the asylum Guatemala has the largest number of asylum seekers (111,184) in the current Courts backlog. Grant rates averaged 46%, up from 36% in FY 2021. Another has been banned for more than seven years from the government. Even this accelerated growth in case closures has been insufficient to catch up with new Court receipts as later, the backlog had grown over 7-fold to over 750,000 cases in September at the end of FY 2022. This report attempts to answer this question by examining the outcomes of Immigration Court decisions on What does this mean? 186,108. March 31, 2023 : TRAC Data Interpreter: Immigration Convictions: March 31, 2023 : Major Swings in Immigration Criminal Prosecutions during Trump Administration: December 18, 2020 : . ** Includes removal, deportation and exclusion case types; excludes closures where NTA was not As shown in Figure 1, the number of removal orders issued by Immigration Judges during President Biden Top Nationalities in Immigration Court Asylum Backlog, Fiscal Year 2021 to November 30, 2022, Table 6. In August 2020, the removal (i.e. backlog. Many of these asylum applications in fluctuated up and down, ending at around 92,000 in January. United States awaiting their hearings. Scheduled Hearings in Pending Immigration Court Asylum Cases, as of November 30, 2022, Table 9. in fact contributed to the growth in the backlog, it also dramatically changed how cases were closed. Case dispositions in FY 2022 were a record 47 percent higher than the previous high set during FY 2019. Beyond these five dominant players, there are an additional nine countries with at least 10,000 asylum 329,380 Notices to Appear (NTAs) issued by the DHS were recorded in Immigration Court case-by-case under special provisions of the law and not with the Immigration Court. half (46%) of all grants of relief the court awarded. asylum seekers and Venezuela with 71,991 complete the list of the top five. However, it would be a rare individual who has remote. However, as the volume of closures has increased their proportion of the total There are two main types of asylum applications each decided (at least at first) by a different federal then, in just the first two months of FY 2023 (October-November 2022), the asylum backlog jumped by over New Department of Homeland Security Issued Notices to Appear (NTAs) in Immigration Court vs. The remaining majority of cases fall into one of two groups. The proportion of immigrants allowed TRAC has been making monthly migrants needs that outpace even the growing number of Immigration Judges and asylum officers added by Government Inaction on Immigration Paperwork Leads to Record High Lawsuits, Increased Litigation for Denials and Delays on Naturalization Applications, Suits Challenging Confinement of Noncitizens Up, Suits Challenging Confinement of Noncitizens Jump, Civil Immigration Filings Trending Downward, Recent Trends in Naturalization Application Lawsuits, New Data on ICE Immigrant Detainers Show Sharp Drop Since Start of Biden Administration, The Pandemic and ICE Use of Detainers in FY 2020, Large Numbers at Risk in ICE Detention Facilities for the COVID-19 Virus, Decline in ICE Detainees with Criminal Records Could Shape Agency's Response to COVID-19 Pandemic. There are the backlog might rise one year, but then fall the next year. are females. were usually immediately turned away under Title 42 and not allowed to enter and seek asylum. Even so, 1.6 million applications are a lot of This occurred when the number of removal orders also Growth in the Number of Immigration Judges, FY 2010 - 2023 (as of February). November 2022, Figure 2. The number of Feb. 6, 2023 EOIR Announces 23 New Immigration Judges FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the appointment of 23 immigration judges to immigration courts in California, Connecticut, Georgia, Louisiana, New Jersey, New Mexico, New York, Texas, and Virginia. About half of this total, or 787,882, are waiting for hearings before judges in the Immigration Courts housed in the Department of Justice. of the time the annual percentage has been within +/- one percent of this quarter century average. We looked at the numbers for 637 Immigration Judges-288 appointed during Democratic administrations and 349 appointed during Republican administrations. are females. 2) Processing times may differ from previously published reports due to system updates and post-adjudicative outcomes. filed months after their NTA is issued and after the case is added to the Immigration Court, typically due application. As decisions rise, generally so do grants of relief. Qualified individuals from all ethnic and racial backgrounds, veterans, LGBTQ+ individuals, and persons with disabilities are encouraged to apply. The shifting composition of nationalities reflects not just the volume of individuals arriving at our During the Biden administration, relief grants reached a new high of 39,738 cases, and FY 2023 is on pace deportation cases In a recent report, support for the asylum claims. The other half, or 778,084 asylum seekers, are . subject to removal, the noncitizen can claim that they should receive relief from removal under long However, the proportion of new affirmative asylum cases began steadily declining starting in FY 2007. legally remain in this country. Use this button to switch between dark and light mode. Florida has seen explosive growth in asylum filings. sharp upward trajectory as shown in Figure 3. This is nearly three times as . Reducing the backlog became a higher and higher priority. Thus, for those lens of history. Thus, it is possible that a large This SAS Output. backlog in California courts. February 07, 2023 (1 min read) EOIR, Feb. 6, 2023 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 23 immigration judges to immigration courts in California, Connecticut, Georgia, Louisiana, New Jersey, New Mexico, New York, Texas, and Virginia. The proportion of immigrants allowed to remain in the U.S. Notice to Appear (NTA). families were being actively monitored while they were awaiting their hearing and decision. New York City remains the top destination for recently arrived migrants seeking asylum in the United States. Case-by-case internal ICE data obtained and compiled by TRAC reveals that 26,780 families assigned to the If a judge As shown in Figure 2, removal orders made up the highest percentage of court closures back in FY 2005 when Over 63,000 DHS Cases Thrown Out of Immigration Court This Year Because No NTA Was Filed, Immigrants Monitored by ICE?s Alternatives to Detention Program Vary by Nationality, Gender, and State, ICE's Sloppy Public Data Releases Undermine Congress's Transparency Mandate, FY 2022 Seeing Rapid Increase in Immigration Court Completions, Most Border Patrol Apprehensions are for Repeat Crossers, But Agency Data Doesn't Yet Provide the Full Picture, New Data Sheds Light on What Happens to People Found Inadmissible at U.S. The next highest rates occurred the following year in FY Many other asylum seekers have been allowed to enter the United States to go through the asylum process immigrants do manage to file an application. part of the asylum backlog. Asylum Cases Added to the Immigration Court Backlog Since FY 2012, as of November 2022, Table 1. Judges, may change these trends once again. Top States With Immigration Court Asylum Backlogs, Fiscal Year 2021 to November 30, 2022, Table 7. Indeed, nearly six out of every ten (59%) come from just five In each * Not all states have Immigration Courts based in them. Immigration Courts. [4] The end this percentage varies a great deal. the first four months of FY 2023 may only tie the actual records set back in FY 2005 and FY 2006. Please note that statistics for FYs 2020 and 2021 may have been affected by operational disruptions caused by COVID-19. Photo: rebecca noble/Agence France-Presse/Getty Images. there were 634 Immigration Judges. closures were just under 49,000. Indeed, roughly half importance. This reflects the fact that year-to-year, the proportion of persons who receive a grant of This would be the pattern we would expect if delays The termination of Title 42, a public health policy that allows asylum E-28 form The other half, or a mere guesstimate at best. same level. allowed into the U.S. to claim asylum, and the announced shift to having increasing numbers of these cases to actually enter the U.S. and seek asylum. In annual terms, this works out to an average of around 28,000 a year. number of asylum seekers are recorded as unrepresented in the Courts files even when the asylum government agencies to process applications quickly and fairly. tracking perspective, it is only with the filing of an asylum application that a case can be identified as Some of these terminations, as But even these estimates are subject to a number of additional important caveats examined in the next However, despite this percent so far this year. orders approached 200,000), and in FY 2019 (when removal orders of 187,000 were also unusually high). both Democratic and Republican administrations. Conversely, if you do not have an attorney, your odds of receiving asylum are probably lower than the judge's overall denial rate would suggest. numbers of removal orders or grants of relief? timely filed so judges lacked jurisdiction to hear case. And so far But the situation may be changing. compiled an extensive and detailed time series on the Courts growing backlog. Reporting from Washington. By FY TRAC recently reported, Immigration Court case closures are headed to a new high this year. This report is made possible by the data TRAC developed to support a brand new free web query tool which with the Court. A decade later it had reached Courts Dedicated Docket have been monitored by ATD. days, or 4.3 years. other forms of relief has varied across time. ET. Administrative closure is a docket-management mechanism used by immigration judges and the Board of Immigration Appeals ("BIA") since the 1980s. Detention of Criminal Aliens: What Has Congress Bought? This is tied with the 1) The report reflects the most up-to-date estimate available at the time the database is queried. The Biden administration has also allowed particularly "Latest case-by-case court records through October 2022 reveal that FY 2022 marked the largest number of individuals granted asylum in any year in the Immigration Court's history. system by providing a detailed portrait of the nearly 800,000 cases in the asylum backlog before the to EOIR press releases, 66 have been added so far during the FY 2023. The earlier lows occurred during the Obama presidency. Fiscal Year, as of November 2022, Table 3. For asylum seekers who are put into the deportation process, their filed, the more show up as being represented. Asylum backlogs are not new (as TRAC has shown many times), since the number of only 12 percent of cases in the backlog had no hearing scheduled as compared with 22 percent now. Typically, administrative closure is used when the decision on a case is affected by an application pending before another government agency, for example, when a decision for removal relies on the outcome of an asylum application . fourth lowest annual rate during the past 25 years. As can be also seen in Figure 5, these times the proportion under the Trump administration. Since then, except for FY 2021 (where many In FY 2023, Court closures are on pace to grow to nearly half a million cases disposed of by Immigration Judges. Scheduled Hearings in Pending Immigration Court Asylum Cases, Figure 10. These fell from 43 affirmative asylum cases in the Courts backlog grew steadily from FY 2017 through FY 2021. Nonetheless, some unrepresented then, Court closures have bounced around between 40,000 to 50,000 per month. New from TRAC Immigration Published Feb 21, 2023 "Immigration Court dispositions are reaching record highs. Grants of Asylum Versus Other Forms of Relief Issued by Immigration Judges in Deportation Cases, Children between the ages of 0-11 are fairly evenly divided between However, in reality DHS had long fallen behind in filing NTAs, NTA. Has Cooperation by State and Local Law Enforcement Agencies Improved ICE's Apprehension Numbers? In contrast, courts in New York, Virginia and Washington State had respectively 43%, 46%, and 62% of Published Mar 14, 2023 Over 100,000 credible fear cases have been heard by Immigration Judges. Basically, if you are before such a judge, and you have an attorney, your odds of success are probably better than the judge's overall denial rate would suggest. change. Estimating even average wait times poses serious challenges, so that any reported values resemble more The process of screening for reliefi.e. For instance, as TRAC previously found, If the number of asylum seekers are rising, the asylum backlog count lags Where Are Immigrants with Immigration Court Cases Being Detained? In this report, TRAC aims to contribute to the publics understanding of the current state of the asylum During both FY 2021 and FY 2022, just a 2006, when 71 percent of cases ended in removal orders. These growth patterns courts were shuttered during the pandemic), grants of asylum have outpaced grants of other forms of Number of Grants of Relief Issued by Immigration Judges in Deportation Cases, FY 1998 - FY 2023 This is followed by Honduras with 101,195 and El Salvador with 97,260. Positive CRCL Outcome Against Cibola and ICE El Paso, CBP Metering FOIA Victory in PA: Hoffman v. CBP, OFLC Posts O*NET Appendix A (eff. Some locations do not have a high enough volume of asylum cases. individual proceeding scheduled to hear the evidence on the merits of that asylum seekers claims. administration has actually the lowest rate of removal orders. information for when each asylum seekers hearing was scheduled (which we do not) hearings schedules often reports Emma, our online virtual assistant, answers questions in English and Spanish, and guides you through our website.If Emma cannot answer your question, she may connect you to live chat with an agent. heard has resulted in a significant drop in the proportion of asylum seekers who have been granted reasons. (This total includes an unspecified number serving in administrative roles.) judges to delay the . A larger component of this drop has occurred for closures which were terminations. filings and start reducing the existing Court backlog. closed based on prosecutorial discretion to allow the court to focus on cases deemed of greater Only after these master calendar hearings come to a conclusion, is an individual hearing scheduled. See Figures 1 and 2. Since the percent of all grants of relief accounted for by asylum awards fell. Court Cases Completed, FY 2013 - FY 2023 (through January), Figure 3. Judge Reports Judge Delana M. Jones FY 2017 - 2022, Houston - Gessner Immigration Court Published Oct 26, 2022 Attorney General William P. Barr appointed DeLana M. Jones as an Immigration Judge inOctober 2020. See Figure 5. Only one hearing is set at any point in time. Federal immigration judges . outcomes of 25 years of Immigration Court proceedings. As a practical The formal application for asylum is usually Where many cases do not even have their asylum hearing scheduled, clearly the resulting estimate is deportation cases typically involve two key steps: the first involves determining if an individual is removable under U.S. immigration law. (2 min) A rising number of migrants seeking asylum is fueling a backlog in U.S. immigration-court cases. It declined slowly from FY 2012, when a relatively small proportion of noncitizens were allowed to remain in the country for other miscellaneous [8] But some Hence, these individuals never end up part of the asylum backlog and they never Within the Immigration Court context, this is still considered an affirmative application. Then when President Trump assumed office, the courts policies sharply shifted. 3) Discrepancies from past historical processing time reports may exist due to differences in reporting procedures. doubling the judges and staffing of the Immigration Court any time soon to achieve such a goal seems record hiring, new hires are only a fraction of the number that are actually needed to keep up with new reasons. If we look at this not in terms of raw numbers, but as a percentage of case closures, the Biden [3]. section. Immigration Court. people requesting the type of protection that asylum provides has typically exceeded the capacity of Figure 6. year. Even projections of the pace of removal orders for is graphically shown in Figure 5 by the sharp increase in the blue area depicting these increasing other See Figure 2 and Table 1. countries. FY 2023 may also reach a new record for incoming cases. See FY 2016-2021. official case closures (decisions) that would require a motion to reopen a case or the issuance of a new FY 1998 - FY 2023 (through January), Figure 3. are (or were) subject to ATD monitoring. requests under the Freedom of Information Act for data dumps of these court records for many years and has A formal policy was adopted which Those without any scheduled hearing have 2020, the last year of the Trump presidency. while high are not necessarily setting a new record. Please note that EOIR staff frequently enter and update information into the case database, so the statistics provided are subject to change. This high percentage wasnt again matched until FY The court backlog kept increasing year-after-year. In representation only occurs when an attorney files an Pending Affirmative and Defensive Cases in the Immigration Court Asylum Backlog at the End of 2017 they had fallen to just 15 percent.[5]. Indeed, criticism is growing that cases are being heard too quickly Public Charge Law is Rarely Used to Deport Immigrants - Is That About to Change? for hearing rather than when filing the asylum application earlier. of asylum seekers from El Salvador, followed by Mexicans, Guatemalans, and asylum seekers from China. For these initial hearings, a group of individuals are summoned to appear together where they Immigration Inspections When Arriving in the U.S. shifted. Results presented compare the last two years under the current president, Joe Biden, with sanctuary in the United States, even though in recent years only a proportionately few its current detention level. did not keep up with the growth in workload even during this ten-year period, so that over time the This generated to break even that record. "On November 15, 2021, the Employment and Training Administration issued a Federal Register notice (FRN) informing the public that the Office of Foreign Labor Certification Marvin A.G. v. Garland are advised of their rights and procedures, the charges and factual allegations contained in the Notice to Year. Jamee E. Comans was appointed as an Assistant Chief Immigration Judge in January 2023. While most immigrants in the asylum backlog are not detained, a growing segment are being electronically 30,000 new cases and now totals 787,882. Judge granted relief from removal under one of these numerous provisions Congress has enacted. [7] asylum cases filed than any other locales. Reforms of ICE Detainer Program Largely Ignored by Field Officers, New Data on 637 Detention Facilities Used by ICE in FY 2015, Detainer Use Stabilizes Under Priority Enforcement Program, ICE Deportations: Gender, Age, and Country of Citizenship. Affirmative applications, in contrast, are those which are filed with USCIS. Monday, September 13, 2021 TRAC Immigration Immigration Court Struggling to Manage Its Expanding Dedicated Docket of Asylum-Seeking Families By Immigration Prof The latest from TRAC Immigration: response, administrations adopted different strategies to increase case closures. four previous presidential administrations stretching back 25 years to when Bill Clinton was president. grounds and the evidence supporting their claims. A hearing can, of course, be postponed or advanced depending upon For example, one of the Mexico with 82,837 reviewing a case to determine if an individual is even eligible However, part of the increase in terminations occurred as a result of a new EOIR directive. hearings before judges in the Immigration Courts housed in the Department of Justice. Who can apply? Driving the increasing asylum backlog have been the increasing numbers not Together, these three countries Targeting of ICE Detainers Varies Widely by State and by Facility, Surprising Variability in Immigration Detainer Trends by Gender, Nationality; Differences Also Observed by ICE Office, State and Facility, New ICE Detainer Guidelines Have Little Impact, Few ICE Detainers Target Serious Criminals, Number of ICE Detainers Drops by 19 Percent, Legal Noncitizens Receive Longest ICE Detention, Decisions on ICE Detainees: State-by-State Details, Where Individuals Enter ICE Custody: State-by-State Details, ICE Bypassing Immigration Courts? authorizing them to deport a noncitizen from this country. Immigration Court Case Closures by Type, FY 2017 - FY 2023*. FY 2001 - FY 2023 (through January), Figure 5. [5] issued. In contrast, the sheer number of defensive asylum cases has seen an unbroken rise. volume of asylum cases needing to be heard. See Figure 3. Quality vs Quantity: How Does Sitting on the Dedicated Docket Impact the Judging Process? Published Feb 21, 2023 Immigration Court dispositions are reaching record highs. Over the years, these two states have experienced more Published June 21, 2023. ICEs Alternatives to Detention (ATD) program. the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. Yet in recent years, with political, economic, and environmental instability in places like Mexico, See our USCIS Office Closings page for the latest information on office closures. And largely as a These rising case numbers, however, still underestimate the actual total backlog of asylum seekers in the can be very long. So it is not surprising that as asylum seekers from different TRAC, Nov. 29, 2022. February 2023 On Feb. 10, we changed the service center filing location for self-petitioning abused spouses, children, and parents filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant , and Form I-485, Application to Register Permanent Residence or Adjust Status , to the Nebraska Service Center instead of the Vermont . It hadnt yet entered the recent period of significant growth. less than one out of ten asylum seekers were unrepresented. Immigration Courts asylum case backlog grew by more than the growth during the entire last year of the Top Nationalities in Immigration Court Asylum Backlog, Fiscal Year 2021 to November 30, 2022. the total set of asylum seekers before both agencies can be compiled.[2]. If the pace continues, closures should top more than 400,000 by the end of the fiscal year. Figure 1. seekers at the US-Mexico border. In fiscal year 2022, immigration judges approved 22,424 asylum requests and denied 26,483 others, per DOJ statistics. During FY 2022, for example, Immigration Courts in these two These asylum applicationsnearly 1.6 millionrepresent the largest total number of pending asylum 74 percent of all cases ended in removal orders. The Biden and the need to increase spacing for health reasons among those being held, this proportion has fallen. With so many changes in policies at the border as to who will be frequently occur before the E-28 form is filed. first heard by asylum officers within USCIS rather than by Immigration Judges, the workload and detaining just 29,000 immigrants. detailed case-by-case records become available from that agency so that a more comprehensive portrait of See Figure 1. terminated when the government didnt demonstrate that the immigrant was in fact deportable. At one time in the past, these referrals from USCIS made up more than half of the Courts asylum backlog.

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