Durbin Release Statement For The Record For Senate Judiciary Immigration Subcommittee Hearing On Immigration Courts

Press Release

"Our immigration courts are essential to a functional and orderly immigration system, but they are in desperate need of reform and improvements. As of August 2023, there were more than 2.6 million pending cases before the nation's immigration courts. As a result, many immigrants must wait for years until their cases are decided.

While the Department of Justice has made significant progress in hiring more immigration judges, reducing this backlog will require additional efforts.

The Trump Administration played a significant role in the growth of the backlog, due to the Administration's efforts to restrict the ability of immigration judges to manage their dockets… I was pleased to see the Department of Justice's proposal to reverse those harmful Trump Administration changes and codify administrative closure in regulation. This will permit immigration judges to better manage their dockets and be more efficient.

Access to legal counsel in immigration court also contributes significantly to court efficiency… Noncitizens in removal proceedings generally show up for their hearings, and having a lawyer actually further increases the rates at which immigrants show up. Improving access to counsel thus is a win-win proposition, making courts more efficient, increasing appearance rates, and helping ensure meritorious cases are successful.

The immigration court backlog has been building over the past 15 years across both Democratic and Republican Administrations. As with so many aspects of our immigration system, we need legislation to fix this problem.

To reduce the backlog, we must work together on a bipartisan basis to adequately fund the hiring of additional judges and support staff, and improvements in technology. Congress must also act to ensure that immigration courts are not subject to the political whims of any administration."

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