Rising Immigration Court Backlog Targets Fewer Criminals

The Transactional Records Access Clearinghouse (TRAC) issued a new report on the current backlog of cases in U.S. Immigration Courts. The report shows that while the Immigration Court backlog is increasing, the overwhelming number of cases do not involve criminal aliens or threats to national security. Rather, the majority of cases involve immigration rule violations. TRAC is an independent nonpartisan compiler of information on government enforcement, staffing, and spending based at Syracuse University. The number of cases pending before Immigration Courts is 285,526 as of July 2011. The number represents an all time high. While the number of cases has increased, the cases against criminal aliens or threats to national security have dropped 9.1 from last year. Cases against criminal aliens make up only 8.3 percent of cases. TRAC does not elaborate on the policy significance of the numbers. However, the numbers reflect a disconnection between the Obama administration and DHS’s enforcement policy, which is to prioritize cases involving criminal aliens and national security, and actual enforcement, which appears to be placing an emphasis on deporting aliens who have committed violations of the immigration rules. The report also gives an average of processing times at individual Immigration Courts. On average, non-criminal cases are pending 497 days and criminal cases are pending 410 days. Below is a list of average waiting times for cases:

All Courts 490
Los Angeles 759
Boston 603
Philadelphia 589
Salt Lake City 563
Atlanta 553
Denver 529
San Francisco 526
Omaha 525
Detroit 525
New York 521
Guaynabo 518
Baltimore 513
Orlando 490
Cleveland 489
Honolulu 482
Bloomington 477
Arlington 469
Phoenix 467
Chicago 437
Newark 436
Portland 435
Miami 412
Tucson 411
Houston 380
San Diego 372
Charlotte 355
Seattle 352
Dallas 336
Memphis 334
Hagatna 334
El Paso 325
Kansas City 319
Hartford 310
New York — DET 303
Imperial 303
Las Vegas 300
New Orleans 289
Buffalo 272
San Antonio 262
Harlingen 207
Napanoch 182
Saipan 169
Elizabeth 160
Oakdale 115
Houston — Detained 80
Lumpkin 73
Lancaster 67
York 66
Eloy 64
Miami — Krome 63
Florence 52
Tacoma 44
Los Fresnos 38

Links to the reports are available below: Related Links TRAC, Release, Immigration Court Backlog Climbs, Yet Criminal Cases Fall. TRAC, Immigration Backlog Report TRAC, Immigration Court Backlog Tool


About the Author

Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers and individuals on U.S. immigration strategy, including H-1B, PERM, and employment-based compliance.

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