(25 Nov 2024)
Wide differences in Immigration Judge asylum denial rates are evident within many Courts in the latest
release of TRAC’s Immigration Judge report series. These new reports update each judge’s asylum
decisions over the past six years through September 2024. The series includes 823 individual judge
reports covering the 66 current Immigration Courts. Each of the latest individual judge reports is
available
here.
In this updated series, the widest difference between asylum denial rates was found in the San
Francisco Immigration Court. There the range between the judge with the highest denial rate (91.6%)
and the lowest denial rate (1.3%) was over 90 percentage points. The New York Immigration Court was
right behind with a range of 89 percentage points, followed by the Arlington and Sacramento
Immigration Courts each with a range of 86 percentage points. Two additional Immigration Courts had
ranges of 80 percentage points or higher. These were the Newark Immigration Court (range of 83) and
the Boston Immigration Court (range of 80).
It is also the case that larger differences among judges at the same Immigration Court tend to be
found where the Court has more judges. More judges, each with their own background, experiences and
judicial philosophy they bring to the bench, increase the odds that some judges will be appointed with
differing views. However, this correlation of Court size and differences in denial range only extends
to a certain point. For example, the El Paso and Tucson Immigration Courts each had five judges
deciding asylum cases but very different judge-to-judge agreement patterns. Historically, San
Francisco has had much higher disparity than its neighbor to the south, Los Angeles.
To grant or deny an asylum application is among the most consequential decisions an Immigration Judge
makes. For this reason, understanding how asylum decisions vary across time, across courts, and across
judges warrants more attention. The lessons that are evident from past decades should not be ignored.
For many asylum seekers our current system has not delivered a fast and fair resolution of their
cases. Often it has delivered neither.
TRAC is a self-supporting, nonpartisan, and independent research organization specializing in
data collection and analysis on federal enforcement, staffing, and spending. We produce multiple
reports every month on critical issues, and we also provide comprehensive data analysis tools.
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