Migrants seeking asylum in the United States may have to wait years before their cases can be heard. The backlog of U.S. immigration court cases has surpassed 3 million. That number is up by more than 1 million cases in 12 months, according to Syracuse University’s Transaction Records Access Clearinghouse (TRAC).
For comparison, in September 2016, the backlog was situated at 516,031 cases. By November of 2023, the backlog stood at 3,075,248 cases.
As a result of the influx, judges are bogged down. Each immigration judge now averages 4,500 immigration cases. TRAC projects an additional 425,000 cases will be added to judges’ plates in December alone.
The White House is attempting to address the issue without closing the U.S. southern border.
The Biden administration has hired 300 immigration judges, and the White House seeks to hire 375 additional immigration judge teams in fiscal year 2024. However, that number may not be enough.
According to U.S. Customs and Border Protection, an average of 8,000 migrants enters the United States illegally each day, and it is projected to continue to rise.
In fiscal year 2022, CBP reported a record 2.2 million migrant apprehensions. Then in fiscal year 2023, the agency broke that record when it recorded 2.4 million migrant apprehensions.
When migrants reach points of entry, they must say they are seeking asylum from whichever country they’re from. Asylum-seekers are those who fear they will be persecuted in their home country on account of their “race, religion, nationality, membership in a particular social group, or political opinion.”
Sen. John Cornyn, R-Texas, addressed how cartels are taking advantage of the nation’s asylum rules, at a hearing in October.
“Senator Kelly, the senator from Arizona, was there and noted that Mexicali is a city in Northern Mexico with an airport,” Cornyn said. “And so, it was explained to us what likely was happening, is that human smugglers were facilitating the travel of migrants to Mexicali, where they could simply Uber over to the Border Patrol and claim asylum. And the Biden administration would make sure they’re successfully deposited into the United States of America, perhaps to an asylum hearing that may never occur.”
TRAC reports that in some states, asylum-seekers wait years for their cases to be heard.
For example, Virginia’s highest average wait time for judges to hear asylum cases is just over 3 years.
Meanwhile, Congress recessed for the holidays before lawmakers could reach an agreement with the White House on a new Ukraine aid package, which would have included more funding for border security and tightened asylum restrictions at points of entry into the country.
For the new session, The Senate is expected back to Capitol Hill Jan. 8, and the House is expected to return Jan. 9.
