Border security is a top concern for Americans as Congressional Republicans advance their budget reconciliation plan, which could include up to $350 billion for immigration enforcement. A crucial component that should be included in this plan is funding for 1,000 additional immigration judges.
With nearly 4 million active cases pending in the immigration courts – a staggering number worsened in recent years due to increased border crossings — expanding the number of judges is essential. Alongside other enforcement measures, this investment would help expedite case processing and significantly reduce wait times.
Most importantly, increasing the number of immigration judges ensures that the system functions as intended. As former DHS Secretary Chad Wolf recently emphasized, the intent and priority is to protect those in genuine need while swiftly removing those who do not qualify.
Since its inception, the U.S. asylum system has provided refuge to countless legitimate seekers — such as a Uyghur Muslim fleeing persecution by the Chinese Communist Party, a Venezuelan political dissident forced into exile, or an Afghan interpreter targeted by the Taliban for aiding U.S. forces. However, in recent years, the system has been inundated with an increasing number of meritless claims — particularly economic migrants seeking work in the U.S. who misuse the asylum process.
With millions of complex cases and fewer than 700 immigration judges following recent cuts and voluntary departures, the system is overwhelmed, and cases can now take a decade to resolve. To restore efficiency and fairness, more must be done to swiftly identify and protect those with valid claims while expediting the removal of those who do not qualify. Over time, faster and reliable processing will help deter frivolous claims and ensure the system serves its intended purpose.
There is broad recognition that increasing the number of immigration judges is essential. This proposal has garnered support from numerous conservative organizations, including Heritage Action for America, the Texas Public Policy Foundation, and the Manhattan Institute. Former White House Press Secretary Sean Spicer has also endorsed the idea. In a letter to congressional appropriators, Secretary of Homeland Security Noem, Secretary of Defense Hegseth, and Attorney General Bondi requested more judges. Senator Graham (R-SC) included them as a border security priority in the Senate budget resolution, and Senator Lankford (R-OK) acknowledged we need both an increase in judges and a better process for adjudicating cases.
The Department of Justice’s Executive Office for Immigration Review (EOIR) oversees the immigration court system, including its judges. Their role is critical — presiding over administrative court proceedings to determine whether individuals should be deported from the U.S. or granted relief from removal. If a noncitizen loses their case or does not apply for relief, the immigration judge issues a removal order, enabling the Department of Homeland Security (DHS) to carry out the deportation.
The number of judges is crucial, given the overwhelming caseload. However, two key factors must be considered: the time and cost of permanently hiring judges and procedural changes that could improve efficiency. The Niskanen Center estimates a one-time hiring of 1000 additional judges would cost approximately $1.83 billion.
To hire 1,000 new judges, the administration can take several strategic approaches. Streamlining the onboarding process would reduce the time needed for judges to become fully trained and begin handling cases. Additionally, temporary hires could help manage surges in caseloads, offering flexibility as demand fluctuates while avoiding the long-term costs of permanent hires. A reserve pool of retired judges, attorneys, and magistrates could also be tapped to help clear the worst of the backlog.
Finally, there are many ways to improve overall efficiency, including instituting contempt authority, tracking case completion metrics, decreasing filing requirements, and transitioning to electronic processing.
The years-long backlog in our immigration system undermines public trust, delays the integration of qualified asylum seekers, and creates an incentive for abuse. While early enforcement efforts have successfully reduced border crossings, the problem will only intensify as enforcement increases and temporary protections expire. While most immigrants may not qualify for relief, a small but significant percentage do. Immigration judges are crucial in ensuring swift, fair adjudications, yet there are too few to handle the demand.
Congress must act now to hire more judges–restoring order to the immigration courts, providing relief for those who qualify, and ensuring the timely removal of those who do not. Doing so is crucial to the health of the U.S. immigration system and in restoring trust that the government can respond decisively to the challenges facing our immigration system.