The U.S. immigration court system is buckling under a record backlog of 3.5 million pending cases, with average wait times for a hearing now exceeding five years. The backlog has grown 40% since 2024 despite the addition of 100 new immigration judges.
The Executive Office for Immigration Review, which oversees immigration courts, attributes the growing backlog to increased border enforcement that adds new cases faster than the system can process existing ones. Each judge now carries an average caseload of 4,000 cases.
Asylum seekers are particularly affected, with many waiting years for their day in court while living in legal limbo. During the wait, some lose contact with legal representatives or struggle to maintain documentation needed for their cases.
Congressional proposals for immigration court reform have stalled along partisan lines. Democrats favor increasing the number of judges and providing government-funded legal representation. Republicans prefer streamlined removal proceedings and stricter asylum standards.
Legal aid organizations report being overwhelmed by demand. Pro bono representation rates for immigrants have dropped to 30%, down from 37% five years ago, as the volume of cases outpaces the availability of volunteer attorneys.
