Friday, Sep 19, 2025
Does the U.S. immigration court have a 4-year backlog of more than 3M cases?
The U.S. immigration court system does have a backlog of nearly 3.8 million cases as of the third quarter of 2025. But, according to the Transactional Records Access Clearinghouse, or TRAC, the average wait time for all cases was about 1.7 years as of earlier this year.
Asylum cases take much longer, however, with the National Immigration Forum reporting in early 2024 an estimated wait time of 4.3 years. There are nearly 2.4 million asylum seekers’ cases pending as of the third quarter of 2025.
The backlog is driven by the high number of applications, especially from people seeking protection from persecution, a shortage of immigration judges and support staff, and frequent policy changes that complicate proceedings. Even with recent efforts to hire judges and create new processing dockets, the system is still overwhelmed.
This fact brief is responsive to conversations such as this one.
Sources
- Executive Office for Immigration Review Adjudication Statistics - Pending Cases, New Cases, and Total Completions
- Executive Office for Immigration Review Adjudication Statistics - Total Asylum Applications
- Transactional Records Access Clearinghouse Immigration Court Backlog: Overall Down, Asylum Backlog Up
- National Immigration Forum Explainer: Asylum Backlogs
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network.
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