Immigration Court Backlog Surpasses One Million Cases
(06 Nov 2018) The Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY 2017. Results compiled from the case-by-case records obtained by TRAC under the Freedom of Information Act from the court reveal that pending cases in the court's active backlog have now reached 768,257 - a new historic high.

In addition, recent decisions by the Attorney General just implemented by the Executive Office for Immigration Review (EOIR) have ballooned the backlog further. With a stroke of a pen, the court removed 330,211 previously completed cases and put them back on the "pending" rolls. These cases were previously administratively closed and had been considered part of the court's completed caseload.

When the pending backlog of cases now on the active docket is added to these newly created pending cases, the total climbs to a whopping 1,098,468 cases! This is more than double the number of cases pending at the beginning of FY 2017.

Assuming the court aims to schedule hearings eventually on all the newly defined "pending" cases, the backlog of over a million cases would take 5.1 years to work through at the current pace. This figure assumes that the court sets aside newly arriving cases and concentrates exclusively on the backlog.

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