Amid growing challenges in the U.S. immigration system, a surge in asylum cases is contributing to a backlog in immigration courts, compounded by policies from the Trump and Biden administrations. The Migration Policy Institute has released a report that highlights the significant increase in pending deportation cases, now nearing a historic high.
As of July, federal data reveals that nearly 3.8 million deportation cases are awaiting resolution in U.S. immigration courts. This backlog is primarily driven by a rise in asylum applications, especially during periods of heightened border apprehensions under President Biden’s administration. According to Kathleen Bush-Joseph, a policy analyst at the Migration Policy Institute, the departure of immigration judges, many during the Trump administration, has further strained the system.
Bush-Joseph notes, “If there aren’t the judges and asylum officers to hear these cases, this could be a holdup for their agenda.” Her report indicates that since January, at least 139 immigration judges have left their positions, whether through firing, transfers, or early retirement. To manage the shortfall, the Trump administration has proposed deploying military lawyers, although this raises unresolved legal issues.
Both Biden and Trump administrations have implemented executive actions impacting the immigration courts, but legislative solutions lie with Congress. Bush-Joseph emphasizes, “It’s Congress that sets the funding for the immigration courts, and prioritizes, repeatedly, enforceable over adjudication. But ultimately that’s to the detriment of enforcement as well as protection aims.”
Despite the passage of the “Big, Beautiful Bill” by Congress, which allocates approximately $170 billion for immigration enforcement, none of these funds are directed toward bolstering the immigration court system.
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