Key Takeaways
- Over 3.7 million immigration cases await resolution, with a worsening backlog as nearly 100 court staff plan to retire or resign.
- Deferred resignation offers let federal staff retain benefits until September 30, 2025, but shrink court workforce amid rising caseloads.
- Judges’ positions vacated in 2025 may add 24,000 cases to the backlog, risking justice delays for millions of affected immigrants.
The U.S. immigration court system is facing one of its most pressing challenges as nearly 100 court staff, including judges and their support teams, are preparing to either retire or resign in the coming months. This mass exodus comes at a time when the backlog of immigration cases has reached more than 3.7 million—an all-time high. The situation not only puts immense pressure on court resources but also risks delaying justice for millions of people waiting for their cases to be heard.
What’s Happening in the Courts?
As of early March 2025, at least 18 immigration judges have accepted a “deferred resignation offer” from the Office of Personnel Management (OPM). This program, introduced on January 28, 2025, allows federal employees to keep their pay and benefits until September 30, 2025, without having to work in-person during this time. While this offer may seem beneficial for employees approaching retirement, it drastically reduces the active capacity of the court system. In addition to the resignations, 29 judges have been removed from their positions as part of changes in the federal workforce.
Much of this is happening under an already strained system. According to the Executive Office for Immigration Review (EOIR), there are currently 3,728,680 active cases stuck in the immigration courts. For comparison, this figure stood at 3.6 million just a few months ago, at the end of fiscal year 2024. This shows how quickly the backlog is growing and how urgently the system needs stable staffing.
The National Association of Immigration Judges, a union representing immigration judges, predicts that the loss of these personnel could worsen the situation significantly. They estimate that about 24,000 additional cases could be added to the backlog in 2025 alone. Judges and their support staff typically manage large workloads, so each vacancy piles more cases onto the overburdened system.
Why Are Resignations and Retirements So Common?
There are four primary reasons why so many immigration court staff are leaving—and why the problem appears to have no immediate solution.
1. Increased Immigration Enforcement: Over the past few years, there has been a noticeable rise in immigration enforcement efforts, especially under the Trump administration. These stricter policies have led to more arrest cases entering the courts, pouring additional pressure on an already struggling system.
2. The “Dedicated Docket” Program: Introduced in 2021, the Dedicated Docket program fast-tracks certain cases, particularly those involving recently arrived families. While the program promises quicker case resolutions, it pressures judges and courts to meet tighter deadlines, potentially leaving staff feeling overwhelmed.
3. Retirement Eligibility and Stress: Many immigration judges are approaching retirement age, and the stressful work environment doesn’t incentivize them to stay longer. Several have decided to leave early, partly in response to longstanding disagreements with certain policies.
4. Resource Gaps: Despite attempts in recent years to hire more judges, there are still serious shortages when it comes to court staff, office space, and technology. These gaps make the work environment even more challenging.
The legal profession is known for its demanding nature, but few roles come with as much pressure as immigration court judges. According to reports, these judges often work under high levels of stress due to the constant workload and the emotional weight of making life-altering decisions for people appearing in their courts. A lack of sufficient resources and reliable court technology only worsens the problem, leaving some judges no choice but to resign or retire.
The Backlog: A Growing Burden
For those waiting in line for their immigration cases to be heard, the numbers are daunting. Out of the nearly 3.7 million active cases, 1.88 million involve immigrants who have already submitted formal asylum applications. These individuals must wait for hearings or decisions from judges, a process that now takes an average of over three years. For asylum seekers and applicants in other categories, this wait can have dire consequences, including uncertainty about their futures or being separated from their loved ones.
While immigration judges closed 914,000 cases during fiscal year 2024—a nearly 36% jump from the previous year—the backlog still grew. The rising volume of cases is simply outpacing the court’s ability to resolve them.
The growing backlog also impacts deportation efforts. As part of the Trump administration’s policy, immigration enforcement has focused on accelerated removals. Yet, with fewer judges and staff available to process these cases, deportation is becoming slower. This undermines the administration’s ability to meet its goals.
Can Policy Changes and Initiatives Fix This?
Over the past few years, several policies have been introduced in an attempt to fix the exceeding demands on immigration courts. These are some of the key efforts in place:
- Deferred Resignation Offers: This program allows retiring judges to leave their roles while keeping their benefits temporarily, but it reduces the system’s available workforce immediately.
- Performance Metrics for Judges: The Department of Justice has introduced strict case quotas that judges need to meet. Critics argue that these quotas could reduce the quality of decisions because judges might feel pressured to rush through cases.
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Expedited Programs Like Dedicated Docket: While programs like Dedicated Docket aim to speed up decisions, they also bring criticism for compromising the fairness of the legal process.
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Hiring More Judges: Though the administration has tried to expand the number of judges, its efforts have been offset by the wave of retirements and resignations.
Despite these initiatives, they haven’t significantly reduced the backlog. Critics argue that the courts need more structural reforms to function effectively.
What Challenges Does the Current System Face?
The immigration court system often faces criticism over two major aspects: its structure and its resources.
1. Independence of Immigration Courts: Immigration courts belong to the Department of Justice, and this has sparked debates about their independence. Critics say the setup gives too much control to executive authorities. Some advocacy groups have suggested forming Article I immigration courts—similar to tax courts and bankruptcy courts—which would function independently.
2. Overload and Burnout Among Judges: Immigration judges carry a heavy emotional and professional burden. They face tight deadlines, huge caseloads, and limited resources. Combined with external criticism, these pressures take a toll on both job satisfaction and judges’ mental health.
3. Resource Shortcomings: Resource limitations have consistently been a barrier to smooth court operations. There is a pressing need for well-trained support staff, additional court space, and updated case management systems. Without these, judges are unable to work as effectively as they could.
What Could the Future Hold?
As immigration leaders and government officials grapple with these challenges, a few possible solutions could emerge in the near future:
- Legislative Reform: Congress might consider overhauling the immigration court structure. This could include making the courts independent from the Department of Justice, an idea that some legal experts believe could improve fairness.
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Boosting Hiring Efforts: While adding new judges doesn’t solve every problem, increasing the number of qualified judges and support staff could alleviate some pressure.
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Better Technology Solutions: Investments in upgrading court technology could help manage cases more efficiently. For instance, digital case filing systems could save time and reduce paperwork delays.
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Rethinking Policies: Whether it’s the Dedicated Docket or enforcement measures, the government might reconsider how these policies interact with court capacity issues.
Looking forward, if these reforms are made carefully, they could help the courts work more fairly and efficiently. For now, however, the immigration court backlog, sitting at its record-breaking levels, demands quick but thoughtful attention.
Conclusion: A System at Its Breaking Point
Nearly 100 resignations and retirements are just the latest challenge for an already stretched immigration court framework. The growing backlog, coupled with mounting pressure on staff, weakens the system’s ability to deliver timely and fair decisions. Moreover, the current policies meant to address these issues have had limited success so far.
With millions of lives hanging in the balance, the need for change is clear. Whether it’s through better staffing, legislative reforms, or modernized systems, solutions must focus on the people at the heart of these cases. For those waiting—sometimes for years—this crisis deeply affects their lives, futures, and families. Policymakers must act quickly to stop these problems from escalating further.
For further information about immigration courts or resources related to current processes, you can visit the Executive Office for Immigration Review’s official page on this link. Also, analysis from VisaVerge.com outlines these developments as a wake-up call, emphasizing the urgency for meaningful reforms.
Learn Today
Deferred Resignation Offer → A program allowing retiring federal staff to retain pay/benefits temporarily without physically continuing work.
Dedicated Docket Program → A system designed to fast-track immigration cases, primarily for recent arrivals, with set deadlines.
Immigration Backlog → The accumulation of unresolved immigration cases in court, often causing extensive delays for applicants.
Article I Courts → Independent courts, like tax or bankruptcy courts, proposed to improve fairness in immigration judicial decisions.
Performance Metrics → Evaluation criteria, such as quotas, used to assess judges’ efficiency, sometimes criticized for pressuring rushed decisions.
This Article in a Nutshell
The U.S. immigration court system faces unprecedented strain as nearly 100 judges and staff prepare to exit amid a record-breaking 3.7 million case backlog. Retirements, burnout, and resource gaps compound the crisis. Without urgent reforms—like hiring, modernizing systems, and structural independence—justice delays will grow, impacting millions of lives and futures.
— By VisaVerge.com
Read more:
• AILA’s Immigration Reform Proposals to Address Visa Backlogs
• Impact of Failed US Border Deal on Indian Immigration and Green Card Backlogs
• USCIS Breakthrough: Crushing Backlogs with 10 Million Immigration Cases in FY2023!
• Top States with Largest Immigration Court Backlogs: TRAC Statistics
• Loss of Immigration Officials May Stall Mass Deportations
