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One particularly telling fact from the EOIR Yearbook is that the number of cases actually resolved by the immigration courts has decreased. As reported by the Transactional Records Access Clearinghouse (TRAC), the backlog at the immigration courts continues to grow substantially. There were 344,230 pending cases at the end of FY 2013, up from 325,044 pending cases at the end of 2012. As of February 2014, the backlog was 363,239. On a practical level, this crushing backlog means that individuals may have to wait years to have their day in court. EOIR itself has acknowledged that the system is overwhelmed, and its Director is quoted as saying, “Many courts are bailing water as quickly as it’s coming in.” Such an overburdened system calls into question whether it is fairly administering justice.
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