Donald Trump’s pledge to implement the largest deportation effort in U.S. history faces significant hurdles. Realizing this plan necessitates substantial funding for new federal employees and detention facilities. A major challenge, however, lies in addressing the extensive backlog of immigration court cases.
Federal law mandates a final order of removal from an immigration court before deportation. Years of underfunding and understaffing have created lengthy processing times in these courts.
Currently, a record-high 3.6 million cases are pending before immigration judges—a 44% surge from the previous year’s 2.5 million. This backlog continues to grow as more individuals enter deportation proceedings.
Even groups supporting reduced immigration advocate for increased immigration court resources. Eric Ruark of NumbersUSA stresses the need for Congressional funding to expand the immigration courts, expedite removal orders, and provide adequate resources for Immigration and Customs Enforcement (ICE).
The immigration courts, under the Department of Justice’s Executive Office for Immigration Review, are chronically underfunded. This office oversees approximately 700 immigration judges and has faced consistent underfunding due to Congressional gridlock on immigration reform.
John Sandweg, former acting ICE director, emphasizes the need for additional judges and support staff to accelerate deportations. The lengthy process allows individuals to become further integrated into society, making deportation more complex, he notes.
A bipartisan immigration bill, drafted earlier this year, included $440 million for hiring immigration judges to tackle the backlog. This measure was part of a broader agreement before Trump’s opposition emerged.
Trump’s incoming administration inherits a system already operating at a decade-high deportation rate. In the final fiscal year of the Biden administration, 271,484 immigrants were deported, the highest since 2014.
Trump’s team plans to further increase deportations. With Republican control of Congress, they aim for swift action to expand border and immigration enforcement personnel.
Stephen Miller, incoming White House deputy chief of staff, indicated plans for increased funding for ICE officers and border agents, improved compensation, expanded detention capacity, and potentially, increased military involvement.
Detained individuals’ cases are processed faster through a “detained docket.” This motivates Trump’s advisors to expand arrests and detentions.
ICE currently has funding for 40,000 detention beds. Tom Homan, Trump’s border czar nominee, requests funding for at least 100,000 beds and additional ICE agents to maximize deportations.
While the Biden administration prioritized deporting individuals posing national security or public safety risks (about 32% with criminal histories), Homan intends to broaden this approach, initiating removal proceedings for a wider range of individuals.