There are more than 3.7 million pending cases, 1.7 million of which are formal asylum applications.

The bottleneck in U.S. immigration courts, with more than 3.7 million pending cases, is worsening for migrants seeking to avoid deportation following the dismissal of judges as part of the official cuts implemented by President Donald Trump.

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“This decision concerns us because it could bring negative changes for those with ongoing cases in immigration courts, extending the time they must wait for a resolution,” said Adriel Orozco, senior counsel at the American Immigration Council.

According to the expert, the decision to dismiss judges could also lead to modifications in the requirements for processes such as asylum and impose additional restrictions on migrants seeking to legalize their status in the country or avoid deportation.

According to the Transactional Records Access Clearinghouse (TRAC), there are more than 3.7 million pending cases, 1.7 million of which are formal asylum applications.

Data collected by this center at Syracuse University in New York further indicate that as of February 9, Immigration and Customs Enforcement (ICE) had 41,169 immigrants in custody, 54.7% (22,538) of whom had no criminal record. “Many more only have minor infractions, including traffic violations,” it noted.

At the same time, the Trump Administration imposed case quotas on judges, requiring them to resolve at least 700 cases annually to receive a satisfactory performance rating. However, the recent dismissal of 20 judges and 12 assistants left only 715 in total, increasing the caseload to approximately 6,000 cases per judge. “This will make judges pay less attention to each individual’s situation,” Orozco lamented.

Although the government justified the dismissals as budget cuts, Congress had approved funding to hire up to 100 judges per year over the past decade. However, according to Democratic Congressman Henry Cuellar, many of those positions remain unfilled despite the record backlog of cases.

In the 2024 fiscal year, immigration courts resolved 914,812 cases—the highest number in a single year—representing a 36% increase compared to 2023. Nevertheless, the backlog continues to grow.

Miami-Dade County, Florida, leads in the number of pending deportation cases, while Montana has the highest percentage of removal orders.

Last September, according to TRAC, only 15% of immigrants—including unaccompanied children—had a lawyer assisting them in Immigration Court cases when a deportation order was issued.

26,000 Immigrant Children Left in Limbo

The crisis in immigration courts is compounded by additional cuts affecting unaccompanied migrant minors. The national organization Voto Latino condemned the Trump Administration’s decision “to eliminate legal representation for 26,000 immigrant children, including some too young to read or speak.”

Many of these children, who were previously under the custody of the Office of Refugee Resettlement (ORR) within the Department of Health and Human Services, now face the alarming possibility of deportation without legal assistance.

Approximately 4,000 of them reside in California, and many are without parents or legal guardians to defend them, Voto Latino emphasized.

“Taking away legal assistance from children—some of whom cannot even articulate their own defense—is a violation of basic human rights,” the organization stated, noting that the program providing legal representation to unaccompanied minors has been in operation for more than two decades and called on Congress to take action in defense of the children.

“All children, regardless of their background, deserve access to due process and a fair hearing,” Voto Latino declared.

The Acacia Center for Justice reported that it had received a notification from the Department of the Interior ordering the immediate suspension of its legal aid program for minors. In the 2024 fiscal year, ORR received 98,356 cases of minors.

“There is still a lack of clarity regarding the rules that will apply, but we fear that this measure will extend wait times and increase uncertainty about the children’s future,” stated the American Immigration Council advisor.

teleSUR/ JF

Source: EFE

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