WASHINGTON- The Executive Office for Immigration Review (EOIR) announced last Friday that it was taking steps to mitigate the failure of the Department of Homeland Security to file timely Notices to Appear (NTAs). Without an NTA, the Court lacks jurisdiction. Cases must be dismissed, leaving immigrants in legal limbo and wasting the Court’s limited hearing slots. See TRAC’s March 2024 report.
Since 2018, when DHS was allowed to directly schedule hearings via EOIR’s Interactive Scheduling System (ISS), “the magnitude of this problem had grown,” according to EOIR, and “[t]hese lost hearing slots have a significant impact on EOIR’s ability to address its growing backlog.”
EOIR reports that these recent changes allow DHS to immediately file NTAs electronically with the Court, thus eliminating delays. Countless NTAs issued before this change have yet to be filed, so it is too soon to judge the full effect of this move. But it could be substantial. So far during FY 2024, 105,712 cases have been dismissed because of DHS’s failure to file a timely NTA with the Court.
Other highlights from the August 2024 data, found in TRAC’s updated Immigration Court Quick Facts tool show:
- Backlog: At the end of August, 3,709,569 active cases were pending before the Immigration Court. Of these, 1,527,537 immigrants have already filed formal asylum applications and are now waiting for asylum hearings or decisions in Immigration Court.
- Miami-Dade County, FL, has the most residents with pending Immigration Court deportation cases (as of the end of August 2024).
- Immigration Courts recorded receiving 1,718,247 new cases so far in FY 2024 as of August 2024. This compares with 837,352 cases that the court completed during this period.
- According to court records, only 0.45% of FY 2024 new cases sought deportation orders based on any alleged criminal activity of the immigrant, apart from possible illegal entry.
- So far this fiscal year (through August 2024), immigration judges have issued removal and voluntary departure orders in 37.7% of completed cases, totaling 291,843 deportation orders.
- Out of 71,387 Immigration Court deportation cases completed in August 2024, immigration judges issued 30,958 removal orders and gave voluntary departure to an additional 917 immigrants, meaning that deportation was ordered in 44.7% percent of all cases.
- Out of 3,604 Immigration Court cases in which some form of relief was granted in August 2024, asylum was granted for 2,399 immigrants (66.6%) following their merit hearings.
- Among Immigration Court cases completed in August 2024, immigrants in West Virginia had the highest proportion ordered removed. Maine residents had the lowest proportion ordered removed.
- So far in FY 2024 (through August 2024), immigrants from Honduras top list of nationalities with largest number ordered deported.
- Only 14.6% of immigrants, including unaccompanied children, had an attorney to assist them in Immigration Court cases when a removal order was issued in August 2024 .
- Immigration judges have held 24,631 bond hearings so far in FY 2024 (through August 2024). Of these 7,548 were granted bond.