The State of the Immigration Courts: Trump Leaves Biden 1.3 Million Case Backlog in Immigration Courts

When President Donald Trump assumed office, 542,411 people had deportation cases pending before the Immigration Courts. At the start of 2021, that number now stands at 1,290,766—nearly two and a half times the level when Trump assumed office just four years ago. Waiting in the wings are another 300,000+ cases that President Trump's policy changes have decided aren't finally resolved, but have not yet been placed back on the active docket[1].


Figure 1. Number of Pending Cases in Immigration Court Grow During Trump Administration
(Click for larger image)

During the four years since Trump assumed power, none of his many policy changes made even a small dent in the pile-up of cases awaiting resolution[2]. While the Trump administration hired many new immigration judges and implemented a range of different strategies aimed in part at reducing the Immigration Court backlog, the backlog grew each month. Some of Trump's changes in court operations arguably slowed case processing. However, the primary driver of the exploding backlog was not only the lack of immigration judges but the tsunami of new cases filed in court by the Department of Homeland Security.

Indeed, the rate of growth in the case backlog only accelerated through his term in office. The active backlog grew 16.0 percent from January 2017 to the end of that fiscal year, climbed an additional 22.1 percent during FY 2018, and during FY 2019 jumped by a further 33.3 percent. Even with the onset of the pandemic during FY 2020, on average the backlog increased by an additional 19,917 cases each month, only slightly fewer than the average of 21,293 per month during FY 2019.

Even if the Administration halted immigration enforcement entirely, it would still take more than President-Elect Biden's entire first term in office—assuming pre-pandemic case completion rates—for the cases now in the active backlog to be completed.

When grappling with decisions shaping immigration policies going forward, this gigantic pile-up of cases awaiting resolution is an important part of President Trump's departing legacy. President-Elect Biden now must consider how his Administration can successfully tackle this backlog, something that previous administrations have found to be a perennial and seemingly intractable problem.

Even more important than simply the total number of pending cases, however, is the fact that each pending case represents a person facing what the Supreme Court has called "the severe penalty" of deportation[3]. As TRAC recently examined, each deportation case can be complex given the various types of deportation relief—including i asylum and many other categories of relief—explicitly created by Congress to enable specific classes of immigrants facing deportation to remain in the U.S. The Biden Administration, therefore, faces the quantitative and qualitative challenge of how to address the enormous backlog in a way that is consistent with the spirit and the letter of the law.

This report provides an overview of the magnitude and composition of the current active court case backlog. The portrait provides a baseline against which the impact on the backlog of future changes in the Biden Administration's approach to immigration enforcement can be assessed.

How Long Have Individuals in the Backlog Been Waiting?

Because of the pile-up of cases, many cases in the backlog were initiated by DHS years ago. Some were initiated by the Immigration and Naturalization Service (INS), before the formation after 9/11 of the Department of Homeland Security. The average wait for a hearing date is now 1,642 days or 54 months. This is based on the average number of days between the date of the Notice to Appear (NTA) and its currently scheduled next hearing date[4]. With the continuing pandemic, it is possible that many hearings could be postponed further. This appears likely to occur until regular hearing schedules resume in all courts.

Table 1 provides further details on the distribution of wait times for cases caught in the backlog. The individuals with the shortest current wait times—the quickest 5 percent—still have a wait time of up to 15 months on average. The quarter of cases in the pending caseload with the lowest wait times now have a wait time of up to 876 days (29 months). For half, their wait will be at least 1,425 days or 47 months. The wait for the top one quarter of pending cases is currently 2,080 days or 68 months. And for the top 5 percent the wait time is now at least 3,558 days (117 months)—almost ten years. See Table 1.

Table 1. Average Wait Time* Before Next Hearing Scheduled
average wait until hearing scheduled 1642 days 54 months
95 % must wait > 447 days > 15 months
75% must wait > 876 days > 29 months
50% must wait > 1,425 days > 47 months
25% must wait > 2,080 days >68 months
5% must wait > 3,558 days >117 months
* Time between date of Notice to Appear (NTA) and next scheduled hearing.

These are wait times to the next scheduled hearing. Often more than one hearing may be required. For just over half (54%), the next scheduled hearing is for "master calendar" or initial hearings. The average wait time for these is 1,293 days (43 months[5]). For individuals who don't contest their removal, their cases generally end with this hearing.

For individuals waiting for an individual merits hearing, removal is being contested, and their average time in queue generally has already been longer. Most of these individuals—some 92 percent—have legal representation in order to reach this stage. The average wait time between when their NTA was issued and their merits hearing is scheduled is currently 1,963 days (65 months).

It is true that as time passes since an NTA was issued, an increasing proportion of cases are resolved. So for NTAs initiated 10 years ago, just 3 percent remain in the backlog. For those initiated five years ago, a quarter remain. A portrait of the number of cases initiated over the past decade, and those remaining in the current backlog is displayed in Figure 2. (See Appendix Table 1 for numbers.) This also shows how the large jump in DHS enforcement during the Trump years contributed to the extraordinary growth in the current backlog.


Figure 2. Cases Initiated in Immigration Court by Notice to Appear (NTA) Date and Cases Pending,
December 2009 - December 2020
(Click for larger image)

Grounds Alleged by Government for Seeking a Deportation Order

While the Trump Administration has kept up a steady drum beat portraying most immigrants as criminals posing a risk to public safety, almost everyone in the Court's current backlog—98.2 percent—have only been charged by the government with purely immigration violations[6]. See Table 2. The most common immigration charge is entry without inspection, the typical charge for an individual who did not go through a legal port of entry. Not having a valid immigrant visa, or being present in the country without authorization, are the other two most frequent violations the federal government charge as deportation grounds. Individuals who entered legally but overstayed their visa might face these charges.

Table 2. Cases in Court Backlog by Most Serious Charge Category on NTA
Most Serious Charge
Government Alleged on NTA
Cases in Backlog Percent
Category Grouped
Immigration 98.2%
Entry Without Inspection 719,760 56.1%
Other Immigration Charge 540,361 42.1%
Criminal Activity 1.3%
Aggravated Felony 3,698 0.3%
Other Criminal Charge 13,438 1.0%
Terrorism/National Security 0.0%
National Security Charge 79 0.0%
Terrorism 17 0.0%
Other 0.5%
Miscellaneous 6,472 0.5%
All
Total* 1,290,766 100.0% 100.0%
* 6,941 cases without any charge listed are excluded from the percentages.

Just 1.3 percent of individuals with cases in the court's backlog involve alleged criminal activity that constitute deportable grounds under the Immigration and Naturalization Act. Appendix Table 2 lists the specific government charges in cases in the current backlog. Crimes involving "moral turpitude," various controlled substance violations, and conviction for an aggravated felony are the criminal charges most commonly cited as deportable criminal grounds.

Terrorism or some type of national security charge are extremely rare. Just 17 out of the 1,290,766 individuals in the court's current backlog involve an alleged terrorism violation. Terrorism can involve actual terrorist activity, membership in a foreign terrorist organization, or simply "likely to engage in any terrorist activity." An additional 79 are alleged to have committed a national security violation such as commission of acts of torture or extrajudicial killings abroad, membership in a totalitarian party, or trying to evade laws prohibiting export of U.S. goods, technology, or other sensitive information.

There are also a number of other types of grounds that don't fit any of these previous categories. This miscellaneous group accounted for the remaining 0.5 percent of the grounds the government used to seek deportation. Among these, the most common—indeed eighth on the list of grounds in backlogged cases—is a claim that the individual is "likely to become a public charge." See Appendix Table 2.

Backlogs and Wait Times Across the Country

Wait times varied substantially across the country driven by the number and complexity of pending cases as compared with available judges hearing cases in each court. The New York City Immigration Court had the largest backlog with over 100,000 pending cases. The average wait time there was 1,788 days - nine percent higher than the national average.

Among the 35 courts with at least 10,000 pending cases, the longest average wait i time—2,324 days or 42 percent higher than the national average—was found in the Denver Immigration Court. In second place was the New Orleans Immigration Court where cases in the backlog had been waiting on average 2,120 days. This was followed by the Arlington Immigration Court with 1,899 average wait days until hearings were scheduled. Chicago and Baltimore Immigration Courts had the next two highest wait times.

Courts with detained dockets generally had smaller backlogs and lower wait times given the usual priority assigned to hearing detained cases. But even here average wait times were generally a year or more. A complete listing of the backlog and wait times in each Immigration Court as of the end of December 2020 is given below in Table 3.

Table 3. Backlogged Immigration Court Cases and Wait Times by State and Immigration Court
State Immigration Court Cases in Backlog Days Waiting*
Average Maximum**
All Cases 1,290,766 1,642 5,629
AZ Eloy 164 752 7,992
AZ Florence 232 884 8,116
AZ Phoenix 12,209 1,487 4,877
AZ Tucson 2,243 1,488 4,645
CA Adelanto 102 1,036 8,196
CA Imperial 1,237 1,492 7,295
CA Los Angeles 70,131 1,826 8,841
CA Los Angeles - North 10,921 710 1,914
CA Otay Mesa 170 472 5,944
CA Sacramento 3,466 1,150 4,384
CA San Diego 13,378 968 4,104
CA San Francisco 73,618 1,724 5,365
CA Van Nuys 23,402 1,640 6,813
CO Aurora 130 628 7,961
CO Denver 15,745 2,324 5,917
CT Hartford 13,441 1,272 4,147
FL Miami 76,034 1,357 5,937
FL Miami - Krome 536 349 4,260
FL Orlando 50,089 1,782 4,932
GA Atlanta 43,070 1,798 5,173
GA Atlanta - ATD 2,164 965 3,227
GA Lumpkin 355 390 3,919
GU Hagatna 48 689 2,777
HI Honolulu 334 831 5,925
IL Chicago 48,390 1,897 5,779
KY Louisville 10,951 1,420 3,910
LA Jena 178 544 6,877
LA New Orleans 28,628 2,120 4,267
LA Oakdale 88 603 5,759
MA Boston 55,395 1,704 6,649
MD Baltimore 36,582 1,888 5,847
MI Detroit 7,373 1,693 7,602
MN Bloomington 14,682 1,511 5,622
MO Kansas City 15,700 1,387 4,462
MP Saipan 390 916 2,540
NC Charlotte 45,266 1,332 2,989
NE Omaha 17,697 1,753 5,391
NJ Elizabeth 188 675 7,051
NJ Newark 68,688 1,839 6,528
NM Chaparral 75 367 4,583
NV Las Vegas 7,438 1,401 7,627
NY Batavia 47 389 5,285
NY Buffalo 2,068 1,212 5,426
NY Napanoch 149 982 7,596
NY New York 108,187 1,788 6,305
NY New York - NYB 21,326 1,313 4,965
NY New York - NYV 11,355 1,240 4,267
OH Cleveland 16,731 1,706 5,712
OR Portland 7,983 1,749 4,901
PA Philadelphia 27,816 1,345 5,130
PA York 263 485 5,287
PR Guaynabo 677 2,674 12,903
TN Memphis 28,349 1,417 3,944
TX Conroe 344 684 7,766
TX Dallas 59,126 1,609 4,417
TX El Paso 17,060 715 3,738
TX El Paso - EPD 197 315 7,937
TX Harlingen 17,697 812 3,465
TX Houston 55,107 1,753 5,619
TX Houston - Gessner 19,168 1,681 5,734
TX Los Fresnos 234 131 1,507
TX Pearsall 452 452 3,612
TX San Antonio 41,263 1,751 5,193
UT West Valley 4,601 1,277 5,806
VA Arlington 62,029 1,899 5,779
WA Seattle 17,457 1,539 4,993
WA Tacoma 139 628 5,674
* The number of days between date of NTA and the currently scheduled next hearing.
** This provides a conservative measure using trimmed max which doesn't consider wait times for the top 1 percent of waiting cases. This eliminates the influence of unusual cases as well as those which may have incorrect dates because they are so old.

Backlogs and Wait Times by Nationality

The nationality of individuals facing deportation is important because various forms of deportation relief may be explicitly or implicitly linked to nationality or to political and social conditions in their country of origin. There are currently individuals from over 200 countries with pending cases before the Immigration Court. However, the top ten nationalities account for fully 86 percent of the backlog. Of these, nearly a quarter are from Guatemala. The second most numerous are from Honduras, and in third place are those from Mexico. See Table 4.

Table 4. Backlog and Wait Times for Top Ten Nationalities
Rank Nationality Cases in Backlog Average Days Wait
Number Percent
1 Guatemala 283,746 22.0% 1,499
2 Honduras 244,413 18.9% 1,546
3 Mexico 212,849 16.5% 1,875
4 El Salvador 187,398 14.5% 1,923
5 India 32,733 2.5% 1,661
6 Venezuela 32,107 2.5% 1,130
7 Cuba 31,992 2.5% 958
8 Brazil 31,320 2.4% 1,361
9 China 29,909 2.3% 1,751
10 Ecuador 29,251 2.3% 1,592
Other 175,048 13.6%
Total 1,290,766 100.0% 1,642

When major arrival waves were more recent, nationalities that tended to be later additions to the Court's docket naturally have generally been waiting less time in the queue. Wait times are also impacted by where in the country particular nationality groups are concentrated, and hence whether those Immigration Courts their cases are assigned to have longer or shorter queues.

The highest average wait times for the top ten nationalities were for individuals from El Salvador with 1,923 days—or 17 percent higher than the national average. Individuals from Mexico had the next highest average wait times at 1,875 days, followed by those from China with an average wait time in the queue of 1,751 days.

Cubans had the lowest average wait times among the top ten nationalities with 958 days. Individuals from Venezuela were next lowest with 1,130 days. Appendix Table 2 provides a complete list by nationality of their numbers in the current backlog and their average wait times.

Where Does the Biden Administration Go From Here?

This report provides a valuable baseline for the public about the state of America's immigration court system at the start of a new administration. Not only do these data paint a picture of an Immigration Court overwhelmed by immigration cases from the Department of Homeland Security, most of which do not appear driven by criminal deportability grounds, but these data also illustrate the diverse cross-section of immigrants in the county, many of whom have been in the United States for years.

TRAC will continue to monitor changes in the Court's backlog as the first 100 days of the Biden Administration unfold, and in the months that follow. A free web query tool, updated monthly, allows the public to monitor these changes by state, Immigration Court, hearing location, and nationality.

Appendix Table 1. Cases Initiated in Immigration Court by Notice to Appear (NTA) Date and Subset of Cases Still Pending in Current Backlog,
December 2009 - December 2020
Year and Month Cases Initiated Cases Initiated Cases in Current Backlog Percent Still in Current Backlog
2009-12 25,051 479 1.9%
2010-01 25,180 519 2.1%
2010-02 24,553 507 2.1%
2010-03 32,035 710 2.2%
2010-04 30,251 736 2.4%
2010-05 29,149 752 2.6%
2010-06 30,368 817 2.7%
2010-07 26,987 740 2.7%
2010-08 30,107 879 2.9%
2010-09 28,403 869 3.1%
2010-10 26,882 802 3.0%
2010-11 26,185 790 3.0%
2010-12 25,437 804 3.2%
2011-01 25,655 837 3.3%
2011-02 26,266 936 3.6%
2011-03 32,709 1,277 3.9%
2011-04 29,408 1,190 4.0%
2011-05 30,158 1,245 4.1%
2011-06 30,838 1,375 4.5%
2011-07 28,600 1,295 4.5%
2011-08 31,221 1,525 4.9%
2011-09 31,045 1,566 5.0%
2011-10 26,863 1,418 5.3%
2011-11 26,264 1,395 5.3%
2011-12 23,847 1,324 5.6%
2012-01 24,515 1,380 5.6%
2012-02 25,945 1,548 6.0%
2012-03 30,655 1,698 5.5%
2012-04 27,658 1,798 6.5%
2012-05 29,302 1,908 6.5%
2012-06 27,424 1,792 6.5%
2012-07 27,983 1,883 6.7%
2012-08 29,101 2,166 7.4%
2012-09 26,010 1,897 7.3%
2012-10 25,929 1,886 7.3%
2012-11 23,421 1,952 8.3%
2012-12 22,820 1,813 7.9%
2013-01 24,729 2,206 8.9%
2013-02 23,597 2,205 9.3%
2013-03 25,539 2,397 9.4%
2013-04 32,329 3,232 10.0%
2013-05 31,275 3,518 11.2%
2013-06 29,512 3,525 11.9%
2013-07 31,163 3,511 11.3%
2013-08 31,604 3,286 10.4%
2013-09 30,066 3,300 11.0%
2013-10 29,425 3,418 11.6%
2013-11 28,324 3,335 11.8%
2013-12 29,479 3,694 12.5%
2014-01 27,802 3,579 12.9%
2014-02 28,982 3,958 13.7%
2014-03 37,302 5,476 14.7%
2014-04 40,887 6,275 15.3%
2014-05 50,451 7,540 14.9%
2014-06 56,320 8,839 15.7%
2014-07 40,094 6,115 15.3%
2014-08 28,998 4,366 15.1%
2014-09 26,983 4,380 16.2%
2014-10 25,111 4,104 16.3%
2014-11 22,713 3,957 17.4%
2014-12 22,765 3,912 17.2%
2015-01 19,387 3,329 17.2%
2015-02 19,068 3,143 16.5%
2015-03 24,624 4,330 17.6%
2015-04 23,799 4,159 17.5%
2015-05 24,873 4,567 18.4%
2015-06 29,144 5,259 18.0%
2015-07 29,988 6,043 20.2%
2015-08 27,420 5,615 20.5%
2015-09 29,162 6,499 22.3%
2015-10 30,869 7,046 22.8%
2015-11 30,452 7,312 24.0%
2015-12 36,337 9,244 25.4%
2016-01 26,258 6,111 23.3%
2016-02 24,885 5,699 22.9%
2016-03 28,456 6,862 24.1%
2016-04 28,797 7,455 25.9%
2016-05 35,224 9,709 27.6%
2016-06 34,732 9,618 27.7%
2016-07 35,771 10,193 28.5%
2016-08 41,839 12,855 30.7%
2016-09 40,615 13,382 32.9%
2016-10 44,212 16,062 36.3%
2016-11 45,137 16,974 37.6%
2016-12 46,894 18,098 38.6%
2017-01 36,281 12,627 34.8%
2017-02 29,338 8,525 29.1%
2017-03 26,827 7,513 28.0%
2017-04 23,113 7,628 33.0%
2017-05 23,289 7,426 31.9%
2017-06 24,734 8,074 32.6%
2017-07 24,985 8,754 35.0%
2017-08 29,863 11,497 38.5%
2017-09 28,422 11,125 39.1%
2017-10 29,869 10,810 36.2%
2017-11 35,619 14,389 40.4%
2017-12 37,824 15,610 41.3%
2018-01 35,457 13,930 39.3%
2018-02 32,777 13,319 40.6%
2018-03 39,672 17,403 43.9%
2018-04 40,206 18,178 45.2%
2018-05 44,643 20,307 45.5%
2018-06 38,642 17,211 44.5%
2018-07 40,829 18,481 45.3%
2018-08 47,129 20,390 43.3%
2018-09 47,076 20,981 44.6%
2018-10 52,399 23,511 44.9%
2018-11 53,103 24,313 45.8%
2018-12 50,216 24,078 47.9%
2019-01 46,280 23,660 51.1%
2019-02 59,791 34,847 58.3%
2019-03 77,132 46,472 60.2%
2019-04 88,735 55,598 62.7%
2019-05 103,561 69,597 67.2%
2019-06 83,776 56,337 67.2%
2019-07 76,854 46,514 60.5%
2019-08 65,378 34,514 52.8%
2019-09 48,560 24,132 49.7%
2019-10 39,398 21,386 54.3%
2019-11 32,059 18,251 56.9%
2019-12 30,769 18,962 61.6%
2020-01 27,372 17,257 63.0%
2020-02 28,057 17,407 62.0%
2020-03 21,427 13,177 61.5%
2020-04 10,287 6,164 59.9%
2020-05 10,376 7,482 72.1%
2020-06 10,644 8,142 76.5%
2020-07 10,115 7,412 73.3%
2020-08 11,392 8,188 71.9%
2020-09 11,725 8,452 72.1%
2020-10 10,887 7,799 71.6%
2020-11 9,089 7,429 81.7%
2020-12 7,638 7,036 92.1%
Appendix Table 2. Charges Asserted in Deportation Proceedings in the Immigration Court Backlog
(as of December 31, 2020)
Specific Charge(s) Listed on Notice to Appear (NTA) Number of Times Charge Cited
All Charges* 1,405,420
Entry without Inspection: Alien is U.S. without Admission or Paroled [1182a06Ai] 805,290
No valid immigrant visa [1182a07Ai I] 365,109
Any Alien present in violation of the act [1227a01B] 145,704
Non-immigrant status violators. Any alien who was admitted as a non-immigrant and failed to maintain that status. [1227a01Ci] 14,738
Termination of Conditional Permanent Residence [1227a01Di] 12,711
Inadmissible Aliens [1227a01A] 11,965
Fraud or willful misrepresentation to procure a visa, documentation or admission into the U.S. [1182a06Ci] 8,980
Any alien who is likely to become a public charge [1182a04A] 5,975
Crimes involving moral turpitude [1182a02Ai I] 5,695
Convicted of Aggravated Felony [1227a02Aiii] 4,412
Controlled Substance Violation [1182a02Ai II] 3,097
Controlled Substance Conviction [1227a02Bi] 2,702
Entered without inspection, or other violation [241a01B] 2,024
Convictred for crimes of Domestic Violence, Stalking, Child Abuse, child neglect, or child abandonment [1227a02Ei] 1,653
Convicted of two or more crimes involving moral turpitude [1227a02Aii] 1,588
Convicted of crimes of moral turpitude [1227a02Ai] 1,458
Immigrant whose visa was improperly issued at the time of admission [1182a07Ai II] 951
[1182a06Cii] 704
Entered without inspection, or violation of any other law [241a02] 652
Non-immigrant not in Possession of Valid non-immigrant Visa or Border Crossing Card at the time of application for admission [1182a07Bi II] 625
Convicted of Certain Firearm Offenses [1227a02C] 588
Illegal entrants and Immigration Violators under section 212 (a) (6) [1182a06] 577
Alien previously deported [1182a06A] 457
Alien refused or failed to fulfill marriage agreement [1227a01Gii] 445
Alien unlawfully present in the U.S. for an aggregate period of more than one year [1182a09Ci I] 415
Smugglers [1182a06Ei] 391
False claim to U.S. citizenship [1227a03D] 387
Alien unlawfully present in the U.S. for 1 year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the U.S., is inadmissable [1182a09Bi II] 351
Controlled substance traffickers [1182a02C] 346
Violators of Protective Orders [1227a02Eii] 342
False claim to U.S. citizenship [1227a03Di] 323
Documentation Requirements: Immigrants [1182a07A] 277
Arriving Alien who seeks admission within 5 years of a removal order or within 20 years of a second or subsequent removal [1182a09Ai] 265
Drug Traffickers [1182a02Ci] 251
Removal that Occurred before,on, or after 4/1/97 [1182a09Ci II] 242
Certain aliens previously removed [1182a09Aii] 232
Multiple Criminal Convictions [1182a02B] 227
Non-immigrant not in Possession of a passport valid for at least 6 months from the date the Initial Admission expires [1182a07Bi I] 196
Smuggling (of aliens by another alien); no requirement of payment [1227a01Ei] 187
Documentation Requirements under section 212 (a)(7) [1182a07] 185
False claim to U.S. citizenship [1182a06Cii I] 168
Failure to meet labor certification requirements [1182a05Ai] 165
Rescission of adjustment of status 163
Communicable Disease Of Public Health Significance [1182a01Ai] 146
Marriage Fraud [1227a01Gi] 126
Unlawful voters [1227a06A] 114
Arriving Alien who has been ordered removed under section 240 or any other provision of law [1182a09Aii I] 99
Unlawful voters [1227a06] 96
No valid immigrant visa [1182a20] 86
Excludable at time of entry or adjustment of status or violates status [241a01A] 75
Convicted of Aggravated Felony [241a02Aiii] 74
Alien unlawfully present in the U.S. for more than 180 days but less than 1 year, voluntarily departed the U.S. prior to proceedings commencement and seeks admission within 3 years of the alien's departure or removal date [1182a09Bi I] 73
Change of Address [1227a03A] 61
Controlled Substance Conviction [241a02Bi] 58
Public Charge under section 212(a)(4) [1182a04] 53
Convicted of violation of, Attempt or Conspiracy to Violate, section 1546 of title 18, U.S. code (relating to fraud and misuse of visas, permits and other entry documents) [1227a03Biii] 45
Criminal and Related Grounds [1182a02] 44
Prostitution and Commercialized Vice [1182a02Di] 37
Termination of Conditional Permanent Residence [241a01Di] 36
Non-immigrant status violators [241a01Ci] 35
Convicted of crimes of moral turpitude [1227a02Ai I] 33
Violators of Conditions of Entry according to section 212(g) [1227a01Cii] 33
Excludable at time of entry or adjustment of status or violates status [241a01] 31
Failure to Attend a Removal Proceeding [1182a06B] 28
Fraud or willful misrepresentation to procure a visa, documentation or admission into the U.S. [1182a19] 27
Convicted of two or more crimes involving moral turpitude [241a02Aii] 26
Convicted of Firearm Violation [241a02C] 24
Applicants previously removed or unlawfully present under section 212 (a)(9) [pre-90 crime of moral turpitude] [1182a09] 23
Unlawful voters [1182a10D] 23
Practicing Polygamists [1182a10A] 23
Alien Permanently Ineligible for Citizenship [1182a08A] 23
drug addict or convicted of a controlled substance violation [241a11] 22
Spouse or Child Obtaining any Benefit from Illicit Activity by an inadmissible Alien [1182a02Cii] 22
Alien who has been a knowing aider, abettor, assister, conspirator or colluder with others in an offense relating to money laundering [1182a02Iii] 20
Failed to maintain status [241a09] 19
Alien who is engaged or seeks to enter the U.S. to engage in Money Laundering [1182a02Ii] 18
Public Charge [1227a05] 18
International child abduction [1182a09Ci] 17
Convicted for crimes of Moral Turpitude [241a02Ai] 15
Security and Related Grounds. Any activity to violate any law relating to espionage or sabotage [1182a03Ai] 14
Alien departed the U.S. with Order of Removal and seeks readmission within 10 years of the date of such departure or removal, or within 20 years of a second or subsequent removal [1182a09Aii II] 14
Any conviction relating to Espionage, Sabotage, Treason or Sedition for which a term of 5 or more years of imprisonment may be imposed [1227a02Di] 12
Labor Certification and Licensing Requirements pre-90 [1182a14] 11
Import of prostitutes [1182a02Dii] 11
Subject of Civil Penalty. Any alien who is the subject of a final order for violation of section 274(c) [1182a06F] 11
Narcotic/drug addict or drug abuser [1227a02Bii] 10
Crime involving moral turpitude [241a04] 9
Engaged in Terrorist Activities [1182a03Bi I] 9
Vaccinations [1182a01Aii] 9
Any alien who has engaged at anytime after admission engages in Espionage, Sabotage, or tries to violate or evade any law prohibiting the export from the U.S. of goods, Technology or Other Sensitive Information [1227a04Ai] 9
Membership in Totalitarian Party [1182a03Di] 9
Drug Abuser or Drug Addict [1182a01Aiv] 8
Smuglers [1182a06E] 8
Convicted of a marijuana violation [pre-90 controlled substance or trafficker] [1182a23] 7
Aliens arrested and deported, fallen into distress, or removed as alien enemies [1182a17] 7
Student Visa Abusers [1182a06G] 7
Terrorists Activities [1227a04B] 7
Any other unlawful activity [1182a03Aii] 7
Smuggling [241a01Ei] 6
Physical or Mental disorder [1182a01Aii I] 6
Family sponsored immigrants [1182a04C] 5
Drug abuser or addict [1182a01Aiii] 5
Recipient of Military-Type Training (change mentions terrorist organizations training) [1227a04E] 5
Physical or mental disorder and a history of behavior [1182a01Aii II] 5
Certain aliens previously removed. Any alien who has been arrested and deported [1182a06Bi] 5
Any alien convicted under Sec. 266 of this Act of Sec. 36(c) of the Alien Registration Act [1227a03Bi] 4
Any alien with a Final Order for Document Fraud in violation of Sec. 247C, is deportable [1227a03Ci] 4
Any activity to violate and law relating to Espionage/Sabatage [1182a03Ai I] 4
Documentation Requirements: Nonimmigrants [1182a07B] 4
Non-immigrant not in possession of valid passport, non-immigrant Visa or Border Crossing Card at the time of application for admission [1182a26] 3
Stowaways [1182a06D] 3
Guardian required to accompany excluded alien [1182a09B] 3
Engage in Other Unlawful Commercialized Vice [1182a02Diii] 3
Significant Traffickers in Persons [1182a02Hi] 3
Any other criminal activity which endangers public safety or national security [1227a04Aii] 3
Encouraged/assisted illegal entry of others for gain [1182a31] 2
Physical or Mental Disorder [1182a01AiiiI] 2
Violators of Conditions of Entry [241a01Cii] 2
Likely to Engage in any Terrorist Activity [1182a03Bi II] 2
Labor Certification and Licensing Requirements under section 212 (a) (5) [1182a05] 2
Convicted for a Violation of Sec. 215/278 of this Act [false claims citizenship=215; 278=?]; [1227a02Div] 2
Previously excluded or deported [1182a16] 2
Former Citizens who renounced citizenship to avoid paying taxes. Classes of Deportable Aliens under Sec. 237 (a) [1182a10E] 2
Any alien who poses serious adverse foreign policy consequences for the U.S. [1227a04Ci] 2
Convicted for any offense under Sec. 871/960 of Title 18 U.S.C. [1227a02Dii] 2
Participation in Nazi Persecution, Genocide or Commission of any Act of Torture or Extrajudicial Killing [1227a04D] 2
Security and Related Grounds [1182a03] 2
Use of alien's position of prominence within any country to endorse or espouse terrorist activity [1182a03Bi VI] 2
Noncompliance with section 1153 [1182a21] 2
Prostitution and commercialized vice [241a12] 1
Health & Related Grounds [1182a01] 1
coyote type [241a13] 1
Failure to notify change of address [241a03A] 1
Terrorist Activities [241a04B] 1
Miscellaneous Crimes relating to espionage, sabotage, treason and sedition [241a02Di] 1
A violation of the Military Service Act or Trading with Enemy Act [241a02Diii] 1
Document Fraud. Any alien who is the subject of a final order for violation of section 274C is deportable [241a03C] 1
Alien has failed or refused to fulfill the alien's marital agreement [241a01Gii] 1
Stowaways [1182a18] 1
Certain aliens involved in serious criminal activity who have asserted immunity from prosecution [1182a02E] 1
Not accredited - physicians [1182a32] 1
Subject of Civil Penalty for Document Fraud [1182a06Fi] 1
Failure to meet certification requirement for Health Care Workers [1182a05C] 1
Member of Foreign Terrorist Organization IAW Sec. 219 [1182a03Bi V] 1
Commission of Acts of Torture or Extrajudicial Killings [1182a03Eiii] 1
Conviction relation to High Speed Flight from an immigrant checkpoint [1227a02Aiv] 1
Convicted for a Violation of the Military Selective Service or Trading with Enemy Acts [1227a02Diii] 1
Convicted of violation of, Attempt or Conspiracy to Violate the Foreign Agents Registration Act [1227a03Bii] 1
Any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the U.S. by force, violence or other unlawful means [1227a04Aiii] 1
Cannot read, illiterate [1182a25] 1
Anarchists, members communist or other totalitarian party, advocate overthrow of US government [1182a28] 1
Physical or Mental Disorder and a History of Behavior [1182a01AiiiII] 1
Any alien who has been removed at Government expense in lieu of deportation pursuant to section 242(b) [1182a06Biv] 1
Prejudicial to the public interest, or endanger welfare, safety or security of U.S. [1182a27] 1
Cannot determine 201
* Total number of charges greater than the backlog because a case may have more than one charge. Bracketed references are to subsections in Title 8 of the U.S. Code, references to Section 241 refer to previous provisions in the law.
Appendix Table 3. Backlogged Immigration Court Cases and Wait Times by Nationality
Nationality Cases in Backlog Days Waiting*
Average Maximum**
All Cases*** 1,290,766 1,642 5,629
Aruba 2 2,767 3,369
Antigua and Barbuda 80 1,843 8,011
Afghanistan 291 1,998 11,323
Algeria 295 1,555 7,905
Albania 1,593 1,964 7,851
Armenia 2,731 1,691 7,281
Andorra 2 1,063 1,063
Angola 1,303 1,180 5,313
Argentina 566 1,736 7,717
Australia 71 1,494 4,669
Austria 15 1,654 4,155
Anguilla 2 2,054 2,996
Azerbaijan 388 1,547 7,879
Bahrain 18 1,438 6,320
Barbados 84 2,306 8,392
Botswana 19 1,422 3,339
Bermuda 12 1,408 3,480
Belgium 46 1,760 4,821
Bahamas 293 1,616 6,819
Bangladesh 7,071 1,654 5,360
Belize 641 1,918 6,235
Bosnia-Herzegovina 231 2,009 6,157
Bolivia 684 2,323 10,733
Burma (Myanmar) 610 1,247 5,229
Benin 201 1,580 4,668
Burkina Faso 1,177 1,547 4,715
Solomon Islands 1 464 464
Brazil 31,320 1,361 6,319
Byelorussia (Belarus) 19 4,167 7,279
Bhutan 162 1,387 3,529
Bulgaria 264 2,135 9,457
Bouvet Island 2 924 1,420
Brunei 3 1,771 3,231
Burundi 210 1,692 8,274
Belarus 829 1,267 5,126
Canada 665 1,612 6,556
Kampuchea 9 7,371 9,386
Cambodia 291 2,566 10,244
Chad 105 2,021 5,936
Sri Lanka 1,334 1,550 6,154
Congo 1,019 1,368 5,882
Zaire 8 5,351 9,086
China 29,909 1,751 6,104
Chile 818 1,287 6,233
Cayman Islands 8 1,669 3,402
Cocos Island 5 1,156 2,182
Cameroon 3,098 1,444 5,823
Comoro Islands 8 1,501 3,368
Colombia 8,812 1,603 7,627
Czech Republic 109 2,179 7,891
Costa Rica 1,004 1,825 7,318
Central African Republic 53 2,759 8,119
Cuba 31,992 958 3,526
Cape Verde 249 1,990 8,275
Cook Islands 2 644 1,019
Croatia 44 1,682 4,554
Cyprus 24 1,490 3,582
Czechoslovakia 32 2,853 8,501
Denmark 16 1,589 4,208
Democratic Republic of Congo 1,684 1,172 3,948
Djibouti 58 1,639 5,008
People's Republic of Benin 4 1,832 2,982
Dominica 101 2,296 8,583
Dominican Republic 5,773 2,091 9,639
Ecuador 29,251 1,592 5,928
Egypt 2,232 1,684 6,628
Ireland 114 1,682 5,611
Equatorial Guinea 60 1,287 4,640
Estonia 38 2,295 6,336
Eritrea 635 1,506 6,012
El Salvador 187,398 1,923 6,602
Ethiopia 1,325 2,026 7,840
French Guiana 17 1,184 2,479
Finland 8 1,195 2,468
Fiji 227 1,701 7,315
Federated States of Micronesia 16 2,174 9,624
Faeroe Island 2 2,939 3,157
France 159 1,537 5,492
Gambia 679 2,262 9,586
Gabon 125 1,457 5,323
Former Countries 1,530 2,027 8,367
Germany 225 1,907 8,608
Ghana 2,749 2,122 6,808
Gibraltar 1 287 287
Grenada 204 1,641 5,468
Georgia 1,003 1,397 7,469
Guadeloupe 221 1,501 3,801
Greece 135 2,033 10,619
Guatemala 283,746 1,499 4,197
Guinea 883 2,196 8,094
Guyana 875 1,843 9,445
Haiti 14,322 1,621 6,601
Hong Kong 67 1,651 4,298
Holland 149 1,465 3,437
Heard and Mcdonald Islands 3 855 1,147
Honduras 244,413 1,546 4,392
Hungary 256 1,558 5,522
Iceland 8 1,145 2,282
Indonesia 1,506 2,058 7,598
India 32,733 1,661 4,999
Iran 1,000 1,904 9,152
Israel 1,110 1,608 5,601
Italy 349 1,563 5,227
In Absentia/Unknown 12 744 1,870
Ivory Coast (Cote D'ivoire) 734 2,125 9,598
Iraq 1,590 1,864 9,678
Japan 115 1,701 10,119
Jamaica 4,284 1,812 8,320
Jordan 2,007 1,632 6,661
Kenya 2,155 2,011 6,178
Kirghizia (Kyrgyzstan) 1,022 1,754 4,580
North Korea 20 2,421 5,862
Kiribati 4 1,854 5,055
South Korea 1,096 1,761 6,446
Christmas Islands 3 920 1,842
Kuwait 129 1,609 6,217
Kosovo 539 1,355 3,442
Kazakhstan 1,041 1,293 4,581
Laos 277 1,856 7,098
Lebanon 741 1,821 9,122
Lithuania 159 2,462 6,063
Liberia 918 2,017 10,314
Lesotho 4 1,042 1,987
Luxembourg 1 577 577
Latvia 82 2,105 7,160
Libya 320 1,406 4,896
Madagascar 11 1,174 3,017
Martinique 1 407 407
Macau 29 1,695 5,497
Moldavia (Moldova) 963 1,896 5,036
Mongolia 963 1,962 6,042
Montserrat 5 1,964 4,166
Malawi 108 1,465 4,340
Montenegro 210 1,317 4,129
Mali 614 2,351 8,706
Macedonia 226 1,829 9,187
Monaco 3 2,752 5,607
Morocco 409 2,110 7,652
Mauritius 14 2,251 4,837
Midway Islands 13 1,060 2,020
Mauritania 592 2,034 9,115
Malta 7 1,970 3,672
Oman 15 1,332 6,581
Mexico 212,849 1,875 5,324
Malaysia 333 1,595 6,264
Mozambique 24 1,773 3,745
Netherlands Antilles 4 1,199 2,505
New Caledonia 2 3,563 6,252
Niue 8 3,490 8,491
Niger 320 1,589 6,207
Vanuatu 17 1,178 2,164
Nigeria 11,578 1,300 5,337
Netherlands 61 1,749 7,914
No Nationality 14 4,007 11,635
Norway 15 1,528 2,651
Nepal 3,955 1,851 4,644
Suriname 54 2,915 9,928
Nicaragua 14,541 1,329 5,994
New Zealand 28 1,760 6,296
Paraguay 134 1,865 11,990
Pitcairn Islands 1 1,312 1,312
Peru 5,249 2,000 8,640
Pakistan 4,004 1,975 7,575
Poland 1,521 1,827 8,066
Panama 330 1,960 9,498
Palestine 187 1,571 5,291
Portugal 324 1,830 9,814
Papua New Guinea 2 1,823 2,840
The Republic of Palau 4 2,387 6,796
Guinea Bissau 29 1,742 12,345
Qatar 14 1,587 4,440
Reunioun 2 2,223 2,247
The Republic of the Marshall Islands 6 604 1,898
Romania 3,915 2,002 4,872
Philippines 3,072 1,689 8,403
Russia 4,904 1,316 5,075
Rwanda 356 1,627 6,073
Saudi Arabia 348 1,466 6,513
St. Pierre and Miquelon 1 1,770 1,770
St. Christopher-Nevis 2 1,832 3,160
South Africa 524 1,334 7,494
Senegal 765 2,059 8,675
St. Kitts, West Indies 43 2,064 10,094
Sierra Leone 470 3,087 11,085
San Marino 1 528 528
Singapore 36 2,005 5,574
Somalia 457 2,463 9,588
Spain 214 1,470 4,328
Slovak Republic 90 2,646 10,760
Stateless - Alien Unable To Name A Country 470 1,454 6,146
St. Lucia 149 1,884 8,934
Sudan 386 1,871 8,745
Slovenia 10 2,125 5,251
Sweden 34 1,707 5,153
Syria 1,075 1,830 8,474
Switzerland 19 1,498 3,650
Tajikistan (Tadzhik) 304 1,590 4,757
United Arab Emirates 85 1,390 4,418
Trinidad and Tobago 999 2,071 8,368
Thailand 510 1,635 9,394
Turks and Caicos Islands 29 1,316 3,005
East Timor 18 1,055 2,892
Tonga 58 1,938 6,559
Togo 386 1,813 7,632
Sao Tome and Principe 1 622 622
Turkmenistan 103 1,763 6,691
Tunisia 209 1,680 6,612
Turkey 1,800 1,530 5,507
Taiwan 133 1,702 6,387
Tanzania 266 2,351 7,031
Ukraine 3,252 1,566 5,996
Uganda 958 1,464 6,954
United Kingdom 480 1,827 10,830
Upper Volta 1 2,248 2,248
Uruguay 244 1,829 12,883
Uzebekistan 1,738 1,441 5,197
St. Vincent and the Grenadines 90 1,504 6,141
Venezuela 32,107 1,130 3,266
British Virgin Islands 9 1,856 3,339
Vietnam 2,357 1,440 6,410
Namibia 22 1,148 2,706
Western Sahara 2 3,461 6,085
Samoa 34 1,738 4,479
Swaziland 10 1,391 2,209
South Sudan 27 849 1,735
Yemen 497 1,661 7,041
Serbia Montenegro 466 1,530 5,439
Zambia 185 1,731 6,178
Zimbabwe 363 1,871 6,890
* The number of days between date of NTA and the currently scheduled next hearing.
** This provides a conservative measure using trimmed max which doesn't consider wait times for the top 1 percent of waiting cases. This eliminates the influence of unusual cases as well as those which may have incorrect dates because they are so old.
*** Includes 392 cases where nationality not recorded.

Footnotes

[1] EOIR claims "inactive pending cases" as of the end of December 2020 were 307,986. "Inactive pending cases are those cases not currently on the active docket following an immigration judge's order of administrative closure." Figure current as of January 7, 2021 available at: https://www.justice.gov/eoir/page/file/1061521/download. Because the Biden Administration need not choose to recalendar these cases, this report excludes them from consideration in this report, and focuses on the makeup of cases now in the active backlog.

[2] For a discussion of the growth in the backlog during Trump's first three years in office, see TRAC's October 2019 report, "Crushing Immigration Judge Caseloads and Lengthening Hearing Wait Times."

[3] Padilla v. Kentucky, 559 U.S. 356 (2010).

[4] Some pending cases did not currently have any hearing scheduled. These cases were generally old cases initiated some time ago. In calculating wait times, these cases were assumed to have a hearing eventually scheduled at the end of the court's scheduling queue where each was located.

[5] As EOIR explains, an individual's first appearance before an immigration judge in a removal proceeding is at a master calendar hearing. The purpose of the master calendar hearing is to advise the individuals of their rights, explain the removal charges the government has filed against them, take pleadings, identify and attempt to narrow the factual and legal issues, and set deadlines for filing any papers needed for subsequent hearings.

[6] Of course, immigration violations when proven are an adequate basis for granting a deportation order, so that the government need not raise a claim of criminal activity even if it may be warranted. However, DHS need not limit itself to a single charge. It has an incentive, where applicable, of adding charges of criminality since under many circumstances this can bar an immigrant from being granted relief from deportation later by an immigration judge (see October 2020 TRAC report on the various types of deportation relief available).

TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563.