President Trump embraced the saying about recognizing when one is in a hole and ceasing to dig, particularly regarding illegal immigration. His significant advancements at the southern border have led to the first consistent reduction in the immigration court backlog in almost twenty years.
In a span of just over six months, Trump reduced the Biden-era backlog of over 4.2 million pending cases before immigration judges to 3.8 million, as reported by The Washington Times.
Part of this decline can be attributed to improved efficiency within the immigration courts, which are officially referred to as the Executive Office for Immigration Review.
Nevertheless, a senior official from the Justice Department stated, “The true change has been the reduction in new cases.”
“This is entirely a result of President Trump’s policies aimed at securing the border,” the official informed The Washington Times. “It’s not a new idea: Enforcing the law, instead of disregarding it, genuinely contributes to the decrease in illegal immigration and the backlog.”
Under President Biden’s administration, the government recorded an average of almost 150,000 new cases each month, whereas judges finalized fewer than 60,000 cases.
Since January, the courts have seen an average of only 29,000 new cases per month and have resolved over 65,000 cases.
The data from the Executive Office for Immigration Review serves as an additional measure of Trump’s influence on immigration and the choices of potential illegal immigrants, who, for the first time in contemporary history, are no longer attempting to cross the border in significant numbers.
The Department of Homeland Security reported that Border Patrol agents documented 116 arrests along the 1,954-mile southern border on a single day last month.
In December 2023, during the height of the Biden border surge, agents recorded an average of over 8,050 arrests per day.
Andrew “Art” Arthur, a former immigration judge, stated that the reduction in backlog is not merely a figure.
It signifies that the cases of newcomers are addressed more promptly, individuals with legitimate claims receive protection more quickly, and those with fraudulent cases may face deportation.
“That message resonates in their home countries, deterring potential migrants from undertaking the journey,” Arthur stated.
The previous immigration backlog was so extensive that new arrivals felt assured their cases would remain unaddressed for years, allowing them the opportunity to work and establish roots before the U.S. would even contemplate deportation.
Social media platforms were abuzz with accounts of successful crossings, motivating even more individuals to embark on the journey.
All of that has now changed, Arthur remarked. “With the backlog reduced, [immigration judges] are now better positioned to render more decisions,” he noted. “The system has regained its credibility.”
Adriel Orozco, senior policy counsel at the American Immigration Council, indicated that the humanitarian toll of reaching this stage has been significant.
Under Trump’s border emergency, migrants are prevented from entering, and those who manage to cross are increasingly likely to encounter criminal charges for illegal entry or reentry.
“They never have the opportunity to request asylum, which results in no immigration proceedings being initiated,” Orozco stated.
The Trump administration has also increased detention capacity.
Orozco mentioned that this means illegal immigrants who were previously released to await court dates that could be years away are now detained and presented before judges within weeks. Some are simply opting not to proceed with their cases, he noted.
If Homeland Security represents the “law,” then the Justice Department’s immigration courts embody the “order,” imposing consequences on those residing in the U.S. without authorization.
In contrast to criminal courts, which determine guilt or innocence, immigration judges assess admissibility. The outcome is not imprisonment but rather a deportation order.
As the backlog in the courts increased, it effectively served as an unofficial amnesty for numerous undocumented immigrants.
By the conclusion of the Obama administration, the backlog had exceeded 750,000 cases. This figure doubled during Trump’s initial term, surpassing 1.5 million.
Subsequently, the situation escalated dramatically under Biden, with cases exceeding 4 million. According to the Times, as of January 20, immigration courts had a total of 4,173,595 cases.