Record-Breaking Case Backlog
The Executive Office for Immigration Review (EOIR) immigration court system now has over 4 million pending cases, according to data analyzed from the Transactional Records Access Clearinghouse (TRAC). This represents a dramatic increase from approximately 3.2 million cases at the start of FY 2025, driven by increased enforcement actions, new Notice to Appear filings, and insufficient judicial resources to keep pace with incoming cases.
Average Wait Times by Court
The national average wait time for a hearing before an immigration judge now exceeds 4.5 years. Some courts face even longer delays — New York Immigration Court averages over 6 years, while courts in Texas and California range from 3 to 5 years. For individuals in removal proceedings seeking relief such as cancellation of removal or asylum, these delays mean years of uncertainty.
Impact on Immigrants and Families
The massive backlog creates a paradox: respondents wait years for their day in court, during which many build deep community ties, raise U.S. citizen children, and establish stable employment — all factors that strengthen their cases for relief. Meanwhile, the government argues that enforcement priorities demand faster resolution. For individuals with strong cases for cancellation of removal, the 10-year continuous presence requirement may be met simply by waiting for a hearing date.
Immigration attorneys report that the backlog also affects bond hearings, with detained individuals waiting weeks or months for initial hearings. See our immigration bond guide for information on securing release during proceedings.