Migrants in New York
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The Biden administration has achieved a historic rate of deportation processes, with federal judges closing nearly one million immigration cases in fiscal year 2024, marking the highest closure rate since 2015.
Despite this significant progress, an overwhelming 3.5 million cases remain pending in the immigration courts, presenting a complex challenge for President-elect Donald Trump and his proposed mass deportation initiative.
The 2024 fiscal year, which spanned from October 1, 2023, to September 30, 2024, was the busiest year for the US immigration courts, which fall under executive branch jurisdiction rather than the traditional judiciary. A total of 700 immigration judges successfully closed 914,000 cases, a 36% increase from the prior fiscal year.
Monthly averages showed 58,000 cases being resolved, with May witnessing a record closure of 87,000 cases. There were approximately 850,000 appeals involving deportation orders during this period. Geographically, Miami led the nation in case processing with 47,000 cases, followed closely by New York (45,000), Orlando (36,000), Chicago (32,000), and Dallas (29,000). Montana had the highest rate of removal orders issued, while Rhode Island, the smallest state, recorded the lowest.
In November alone, immigration judges granted asylum to 2,042 immigrants, while about 800 requests were denied. A substantial portion of cases—nearly 40%—that reached these judges resulted in deportation orders. According to an analysis by Syracuse University, should current trends persist, fiscal year 2025 may see record levels of adjudication in deportation cases. As of November 2024, immigration judges had issued removal and voluntary departure orders in 45.4% of completed cases, totalling 64,553 deportation orders.
These orders predominantly affected Mexican citizens, whose representation exceeded averages from preceding years. Despite the issuance of removal orders, immediate deportation is not assured. The Biden administration deported 271,000 individuals in fiscal year 2024, a figure that trails the broader number of court directives. The process of locating and expelling an individual can extend over several years.
Noteworthy is the case of Yusuf Abdi Ali, a Somali war criminal who was finally deported after years on the run. Data from Syracuse University suggests that only 0.74% of new cases in FY 2025 sought deportation orders based on alleged criminal behaviour unrelated to illegal entry into the US. President-elect Trump has indicated that his mass deportation campaign will prioritize individuals with criminal records.
While this strategy aligns with existing protocols that prioritize the removal of individuals in law enforcement custody, the challenge remains substantial given the ongoing case backlog. As of December 1, Immigration and Customs Enforcement (ICE) monitored approximately 38,000 individuals. Trump’s proposed "border czar," Tom Homan, intends to lobby Congress for an expanded ICE budget to accommodate around 100,000 detainees.
Ultimately, the backlog of unresolved cases in immigration courts poses a significant obstacle to the efficient execution of Trump's deportation plans. While the Biden administration has made advancements in case processing, the extensive volume of outstanding cases may impede the swift implementation of the incoming administration's policies.