The Transactional Records Access Clearinghouse (TRAC) has released its February 2026 update on immigration court operations, and the data demands a serious national reckoning. As of the end of February 2026, the immigration court backlog stands at 3,318,099 active cases a number that represents millions of human lives suspended in legal uncertainty, separated families, and deferred dreams. NAPA has reviewed these figures carefully and is compelled to speak plainly about what they reveal.
The headline statistic that courts are completing cases at 1.65 times the rate of new intake — may appear encouraging on its surface. The backlog has indeed declined by approximately 60,000 cases since December 2025. But a closer look at how those cases are being resolved raises profound concerns about fairness, due process, and the integrity of America’s asylum system.
Of the cases completed through February 2026, immigration judges have issued deportation orders in 79.6% of decisions — totaling 262,021 removal orders. In February alone, the combined deportation and voluntary departure rate reached 81.9%. Meanwhile, in the same month, relief was granted in just 1,079 cases — a figure that represents a fraction of a fraction of the total docket. Of those relief grants, 492 were asylum approvals. These are not abstract statistics. These are people — many of them fleeing documented violence, persecution, and death — being returned to harm’s way at an alarming rate.
“Closing cases faster means nothing if the process denies people a fair chance to be heard. Speed without fairness is not justice — it is efficiency in the service of exclusion.”
— Satnam Singh Chahal, NAPA
Nowhere is this concern more acute than in the data on legal representation. Only 33.3% of immigrants had attorney representation at the time removal orders were issued in February 2026. While this marks a modest 6.6 percentage point improvement over the December 2025 figure of 26.7%, it means that two out of every three people ordered removed had no lawyer to guide them through one of the most consequential legal proceedings of their lives. We know from decades of research and practice that legal representation is the single greatest predictor of case outcome in immigration court. To allow this gap to persist is to tilt the scales before the hearing even begins.
Key Facts — TRAC February 2026
Active immigration court backlog:
3,318,099 cases
70% of pending cases involve formal asylum applicants (2,322,671 people)
Deportation orders issued in
79.6%
of completed cases FY2026
February 2026 combined removal/departure rate:
81.9%
Relief granted in just
1,079
cases in February — only 492 asylum grants
Only
33.3%
of those ordered removed had legal representation
Only
1.83%
of new cases involve criminal allegations beyond possible illegal entry
Bond granted in just 8,050 of 28,951 hearings — a
27.8%
grant rate
NAPA is also deeply troubled by the ongoing criminalization narrative surrounding immigration. TRAC’s data confirms what advocates have long argued: only 1.83% of new cases in fiscal year 2026 involve allegations of criminal activity beyond possible illegal entry. The overwhelming majority of people in immigration proceedings are not criminals. They are workers, parents, students, and asylum seekers navigating a system that was not designed to serve them equitably. Public discourse that conflates immigration with criminality is not supported by the facts — and policymakers and media must be held to account for perpetuating this distortion.
The geographic concentration of cases also warrants attention. Miami-Dade County alone holds 143,817 pending cases — the highest of any county in the nation. Cook County, Queens County, Los Angeles County, and Kings County follow. These are communities with deep immigrant roots, rich civic contributions, and urgent needs for expanded court resources and legal aid infrastructure. The federal government must resource these courts and communities accordingly.
NAPA calls on the Administration and Congress to act on several fronts: substantially increase funding for immigration legal aid and public defender programs; address the structural conditions — including low bond grant rates of only 27.8% — that keep asylum seekers detained while their cases proceed; invest in immigration court staffing and technology to reduce the backlog without sacrificing due process; and engage in honest, data-grounded public communication about who is actually in the immigration system and why. The TRAC data does not tell the story of a broken border overrun by criminals. It tells the story of a court system straining to process millions of vulnerable people, most of them asylum seekers, with inadequate resources, inadequate counsel, and outcomes that too often fail the test of fairness.
NAPA stands with immigrant communities across this nation. We will continue to monitor these trends, advocate for just and humane policies, and ensure that the human dimension of immigration data is never lost in the noise of political debate.
This statement was prepared on behalf of Satnam Singh Chahal and the National Association of Pakistani Americans (NAPA) in response to the TRAC Immigration Court Operations: February 2026 Update. All statistics cited are drawn from TRAC’s publicly released data. This statement represents NAPA’s analysis and advocacy position and does not constitute legal advice.